It is the purpose of this article to regulate the number, installation, configuration, location and use of accessory structures, in order to ensure that they are not harmful either aesthetically or physically to adjacent residents and surrounding areas, and are compatible with the principal structure and use on the parcel.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Basic requirements. Any number of different accessory structures may be located on a parcel, provided that the requirements of this section are met.

(b)

Principal use required.

(1)

There shall be a permitted principal use and development on the parcel, that is full compliance with all standards and requirements of this Code.

(2)

All accessory structures shall comply with development standards and requirements pertaining to the principal use, unless exempted or superseded elsewhere in this Code.

(3)

An accessory structure shall not exceed more than 50 percent of the total footprint area of the principal building/structure, which calculation shall include attached structures as a garage, a screen room, and any other areas under roof except car ports, that comprise the principal structure located on the lot or parcel, unless exempted or superseded elsewhere in this chapter or as approved by the city manager or designee.

(c)

Determination of accessory structure and/or use. Except as provided for in this article, the city manager or designee shall determine if a structure and/or use is accessory to the principal use on the parcel.

(d)

Location. Accessory structures shall not be located in a required buffer, landscape area, front yard setback or other minimum building setback area, except as otherwise provided in this chapter or as required by the city manager or designee.

(e)

Number. Except as provide for in the chapter, the city manager or designee may limit the number of accessory structures on a parcel or development site in order to maintain compatibility with, and the character of, the area.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

General regulations. The following regulations shall apply to the placement of satellite antennas within all zoning districts:

(1)

A city building permit and all other necessary permits shall be required prior to construction and/or installation.

(2)

Satellite antennas and associated guy wires shall meet all required zoning district setbacks.

(3)

The satellite antenna shall be installed and maintained in compliance with the applicable requirements of the standard building code and National Electrical Code. Further, every satellite antenna must be properly grounded.

(4)

Any part of the satellite antenna, including but not restricted to the reflector, probe, guy wires, and signal transmission cable, shall have vertical and horizontal clearance from any electric lines as required by the applicable provisions of the National Electrical Code.

(5)

Prior to the issuance of any building permit for a satellite antenna, engineering plans sealed by an engineer registered in the state shall be submitted to the city. Such engineering plans shall contain a certification that the roof-mounted satellite antenna assembly meets or exceeds all applicable code requirements of the standard building code and capable of withstanding wind velocity of 110 miles per hour.

(6)

No signage of any type is permitted on a satellite antenna. This restriction shall not apply to a properly licensed telecommunications business nor to a licensed satellite antenna dealer.

(b)

Regulations for pole-mounted satellite antennas.

(1)

A pole-mounted satellite antenna may only be mounted on a single pole. The pole portion of the satellite antenna assembly must be affixed to the principal structure on the lot or parcel.

(2)

Prior to the issuance of any building permit for a pole-mounted satellite antenna, engineering plans sealed by an engineer registered in the state shall be submitted to the city. Such engineering plans shall contain a certification that the pole-mounted satellite antenna assembly meets or exceeds all applicable code requirements of the standard building code.

(c)

Height requirements.

(1)

Ground-mounted satellite antennas shall not exceed 15 feet in height, including base, pedestal or other mounting devices.

(2)

Roof-mounted satellite antennas shall not exceed 12 feet in height in multifamily residential districts or 15 feet in height in commercial or industrial districts, including base, pedestal or other mounting devices. The combined height of the satellite antenna assembly and building on which it is located shall not exceed the maximum building height of the zoning district in which it is located.

(3)

Pole-mounted satellite antennas shall not exceed the maximum building height of the zoning district in which it is located. No supporting pole shall exceed 12 feet in height above the main ridge of the roof.

(d)

Regulations for single-family and two-family lots. The following regulations shall apply to the placement of satellite antenna on lots or parcels developed for single-family and two-family residential purposes:

(1)

Satellite antennas shall be located only from the centerline of the principal structure to the rear of the structure.

(2)

No ground-mounted satellite antenna shall exceed 12 feet in diameter.

(3)

There shall be no more than one satellite antenna per lot or parcel.

(4)

No roof-mounted satellite antennas shall be permitted.

(e)

Regulations for three-family and multifamily lots. The following regulations shall apply to the placement of satellite antennas on lots or parcels developed for triplex or other multifamily residential purposes:

(1)

Satellite antennas are permitted anywhere on a lot within the buildable area for a principal or accessory structure, excluding the front yard.

(2)

No ground-mounted or roof-mounted satellite antenna shall exceed 12 feet in diameter.

(3)

There shall be no more than one satellite antenna per lot or parcel.

(f)

Regulations for commercial districts. The following regulations shall apply to the placement of satellite antennas on lots or parcels developed for nonresidential purposes within the O, CN and CG districts. The restrictions in this subsection shall not apply to a properly licensed telecommunications business.

(1)

Satellite antennas are permitted anywhere on a lot within the buildable area for a principal or accessory structure.

(2)

No ground-mounted or roof-mounted satellite antenna shall exceed 12 feet in diameter.

(3)

There shall be no more than one satellite antenna per lot or parcel. This restriction shall not apply to licensed satellite antenna dealers or a properly licensed telecommunications business.

(g)

Regulations for the industrial district. The following regulations shall apply to the placement of satellite antennas within the IL zoning district. The restrictions in this subsection shall not apply to a properly licensed telecommunications business.

(1)

Satellite antennas are permitted anywhere on a lot within the buildable area for a principal or accessory structure.

(2)

Roof-mounted or ground-mounted satellite antennas are permitted on the roof of a principal or accessory structure, provided the satellite antenna does not exceed 12 feet in diameter.

(h)

Regulations for planned unit developments. Residential, commercial and industrial planned unit developments may impose such additional regulations as deemed appropriate. In no case, however, shall such regulations be less stringent than those imposed within this section for similar developments.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

General requirements.

(1)

Buildings constructed of materials other than aluminum shall conform to the standard building code.

(2)

Aluminum structures shall conform to the Aluminum Construction Reference Manual, 1989 and subsequent editions.

(3)

Detached aluminum structures shall be anchored with a minimum of four anchors, each anchor with a minimum of 600-foot steady-pull holding strength.

(4)

Accessory structures that abut another building or structure shall be bolted to the abutting building or structure, as directed by the building inspector.

(5)

If any accessory structure is placed on any utility, sewer or stormwater drain easement, it shall be the responsibility of the property owner to remove the structure at the property owner's expense should removal and replacement become necessary.

(6)

Air conditioning structures shall comply with chapter 62, article IV, floodplain management.

(b)

Requirements for guest cottages and greenhouses.

(1)

Guest cottages and greenhouses shall not be located closer than ten feet to the main structure nor any other accessory structure on the same lot or parcel.

(2)

Such structures shall not be within that portion of the lot or parcel that constitutes the minimum side yard or rear yard as measured from the side or rear property line of the lot or parcel. Guest cottages and greenhouses shall not be located in front of the front line of the main structure, unless located within the RR zoning district in which case the guest cottage or green house must meet the required front and side setbacks for the applicable district.

(3)

Such structures shall not exceed 400 square feet in floor area nor one story in height (24 feet). The one-story height limitation for height for guest cottages located in the 100-year floodplain shall be measured from base floor elevation. Guest cottages located within the RR zoning district shall not exceed 800 square feet in size.

(c)

Requirements for utility sheds.

(1)

A building permit is required for the installation of a utility shed. Only two utility sheds are permitted per residential lot or parcel. On a residential lot or parcel with more than two legally permitted utility sheds in existence prior to May 12, 2015, such utility sheds shall be deemed to be grandfathered. Utility sheds are only permitted in the rear or side yard setback area. Utility sheds located in the rear yard shall be set back a minimum of two feet from the side or rear property line of the lot or parcel. Utility sheds located in the side yard shall be set back a minimum of five feet from the side property line of the lot or parcel.

(2)

The total floor area of a utility shed shall not exceed 120 square feet.

(3)

A utility shed shall not exceed ten feet in height, including any foundation.

(d)

Requirements for solar energy systems.

(1)

A building permit is required for the installation of a solar energy system.

(2)

Solar energy systems are permitted within any residentially zoned district as an accessory use/structure. The following are permitted encroachments:

i.

Roof-mounted systems may exceed maximum height requirements by ten percent of the maximum permitted height in the district or three feet, whichever is the greater limit.

ii.

Freestanding systems may encroach into the required rear or side yard setback area by a maximum of three feet; however, shall be limited in height to ten feet.

iii.

Solar panels shall be oriented as to not create glare into the windows of abutting properties.

(3)

Solar energy systems are permitted within any nonresidential zoning district, subject to the setback and height limitations of the zoning district.

(e)

Requirements for other use accessory structures, other than those enumerated above.

(1)

A detached accessory structure shall not be closer than five feet to the main structure nor to any other accessory structure on the same lot or parcel.

(2)

No detached accessory structure shall be located in front of the front line of the main structure.

(3)

No detached accessory structure shall be located within that portion of the lot or parcel that constitutes the minimum side yard or rear yard as measured from the side or rear property line of the lot or parcel.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Generally. Such accessory structure shall include permanent and portable swimming pools, except portable swimming pools less than 18 inches in depth.

(b)

Use. Use of private swimming pools is restricted to the residents of the dwelling unit and their guests.

(c)

Location. Swimming pools must meet the front yard setback requirement of the zoning district. The pool side and rear setbacks are as follows:

(1)

No edge of the pool shall be closer than six feet to any property line.

(2)

No detached accessory structure, except as otherwise identified in this chapter, shall not be closer than five feet to the side or rear property line, the main structure or to any other accessory structure on the same lot or parcel.

(3)

On waterfront lots no edge of the pool shall be closer than six feet to the mean high water line or seawall, provided that certification from an engineer registered in the state, is submitted prior to issuance of a permit stating that the proposed pool and/or enclosure will not affect the integrity or functioning of the seawall or its deadmen.

(d)

Fencing. Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal opening shall not exceed four inches. A dwelling house, accessory building or waterfront may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed and latched at all times when not in actual use; except the door of any dwelling which forms a part of the enclosure need not be so equipped. The self-closing and self-latching devices shall be placed no less than four feet above the bottom of the enclosure or otherwise made inaccessible from the outside to small children. Aboveground pools constructed with steps and a platform circling the pool and not otherwise enclosed shall have the platform enclosed and a gate provided at the top of the steps with such enclosure and gate meeting the security criteria described in this section.

(e)

Requirements for swimming pool screen enclosures. Swimming pool screen enclosures may be located within a required side or rear yard setback area provided a minimum setback of five feet is maintained from the side or rear property line of the lot or parcel.

(f)

When located on lots with frontage on two or more streets, pools and screen-only enclosures may be located within 15 feet of the public right-of-way.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Permit required. No fences shall be constructed until a permit has been issued; and such permit shall be subject to easements of record. A survey may be required. In those cases where an existing fence is being replaced with a like fence (same materials, color, height and opacity) in the same location, then the requirement for a permit may be waived.

(b)

Location. In any district, no fence, wall or other obstruction shall be erected or maintained at a corner within 15 feet from the intersection of the right-of-way lines.

(c)

Standards.

(1)

Fences or walls beyond the front building line in residential districts shall be limited to a maximum height of three and one-half feet above the existing natural grade.

(2)

Except for public utility installations, no fence or wall in excess of six feet in height above existing grade shall be erected in a residential district.

(3)

Barbed wire may be used on security fences erected in any commercial or industrial district or around any public utility in any district, provided such use is limited to a maximum of three strands, a minimum of six feet above ground.

(4)

All fencing or walls shall be of uniform building materials and color, and shall be constructed of commonly used materials such as chain link, wrought-iron, aluminum (wrought-iron design), wood, plastic (PVC) or masonry. Masonry block walls, except brick, shall have a finished appearance such as a stucco finish on the exterior facing the street or abutting properties. All fencing shall have the finished side (as determined by the city manager or designee) along the street and abutting properties. Fences constructed of scrap metal, plywood or other offensive materials are prohibited.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(a)

Accessory structures such as vending machines, refrigeration containers, ice boxes, propane container racks, DVD rental boxes and other like structures, shall only be located adjacent to the building.

(b)

Collection receptacles used for donation shall: only be permitted on properties designated as institutional (I) on the city's future land use map; only permitted under the direct control or ownership of the property owner; and, only as an accessory use to the principal use of the property (i.e., religious institution use). The siting/location of any collection receptacle shall require a zoning clearance and approval from the city as an accessory use/site element.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)