Saint Francis City Zoning Code
ARTICLE VI
Accessory and Temporary Uses, Buildings and Structures
§ 455-42 Accessory buildings and structures.
[Amended 3-21-2006 by Ord. No. 1212]
A.
Permitted accessory buildings and structures. Accessory buildings and structures customarily incidental to an approved principal use may be constructed on the same lot subject to the provisions contained herein and receipt of all necessary permits.
B.
Lot coverage limited. On any lot, accessory buildings or structures may occupy an aggregate area not greater than 40% of the required rear yard plus 50% of any additional space in the rear of the principal building.
C.
Setbacks.
(1)
Generally. With the exception of reverse frontage corner lots, where accessory buildings are permitted in interior side yards, accessory buildings and structures shall be located in the rear yard. All accessory buildings shall be set back a minimum of two feet from side and rear lot lines, measured from their furthest extension, including any overhangs. Accessory buildings shall be set back a minimum of five feet from any alley line when doors face that alley, or three feet if no doors are facing.
(2)
Corner lots.
(a)
On corner lots accessory buildings and structures shall be set back from the street side lot line not less than the principal building on that lot or 15 feet, whichever is less.
(b)
In cases where the rear lot line of the corner lot abuts the side lot line of an adjacent lot, accessory buildings and structures are subject to an additional requirement. They shall be set back from the side street lot line not less than the front setback of any building situated on the adjacent lot and not less than that side yard setback of the principal building on the lot on which the accessory building is situated, whichever is greater.
D.
Proximity to principal buildings.
(1)
Accessory buildings and structures shall be located no less than 15 feet from any principal building, except that such distance may be reduced to 10 feet when fire wall requirements are met.
(2)
When accessory buildings are attached to principal buildings by a breezeway, passageway, or similar means, they become part of the principal building and shall comply with all lot coverage, setback, height, and any other requirements for the principal building.
E.
Limits on the size and height of accessory buildings.
(1)
In no case shall an accessory building exceed the size or height of the principal structure on a given lot or maximums set forth herein, whichever are more restrictive.
F.
Accessory buildings in residential districts; additional restrictions; size limited. Detached garages in the R-1, R-2 and R-3 Districts shall not exceed 960 square feet in area or the size of the principal structure, whichever is less. Noncommercial greenhouses shall not exceed 300 square feet in area. Sheds shall not exceed 120 square feet in area. Aggregate coverage is limited under Subsection B.
G.
Design of accessory buildings over 624 square feet. Accessory buildings with over 624 square feet of floor area shall match the design of the principal building with regard to color, siding materials, roof materials, and roof pitch unless an exception is granted by the Architectural Control Board. Exception shall be made for brick-sided structures, which would require the front of the accessory structure to be sided with the same or similar material four feet up from grade on the side facing street or alley access.
H.
Construction limited. No accessory building or structure shall be permitted upon any lot until a certificate of occupancy has been issued for a principal structure, except as may be otherwise provided under this chapter.
I.
Use for residential purposes. No accessory building shall be finished on the interior for living or residential purposes.
§ 455-43 Temporary structures.
[Amended 10-4-2005 by Ord. No. 1201]
A.
Temporary structure regulated. It shall be unlawful to erect or allow to remain standing a temporary structure without first obtaining a building permit and approval of the Common Council as herein provided. In no case shall temporary structures be erected over recreational equipment or recreational vehicles. This section does not apply to the use of temporary tent/canopy-type structures erected on properties either used for or zoned for one- and two-family dwellings. Such structures are required to be used solely for temporary weather protection for parties or gatherings of a social nature or for rummage sales and may not be erected and in place for more than three consecutive days or a total of 72 hours.
B.
Procedure. Upon application for a building permit for a temporary structure, the Building Inspector shall refer such application to the Common Council for its consideration, approval or denial.
C.
Denial. The Common Council may deny the permit if the temporary structure:
(2)
May be reasonably believed to cause a substantial depreciation in the value of the property in the immediate neighborhood;
(3)
Will constitute a public or private nuisance;
(4)
Is not in the best interest of the community or is not compatible with good planning development of the area; or
(5)
Will not promote the health, safety, morals or general welfare of the community.
D.
Approval. If granted, the structure shall exist for a period not to exceed one year from the date following approval by the Common Council. The Building Inspector shall issue the permit upon payment of the proper fees. Such structure shall be removed at the end of the above period. This chapter does not prohibit reapplication.