A.

Location. Accessory buildings and structures shall be placed in the rear yard. Accessory buildings greater than one hundred twenty (120) square feet in size shall be located at least five (5) feet from the principal building. Hot tubs, spas, accessory buildings less than one hundred twenty (120) square feet in size, and swimming pools shall be exempt from the five-foot separation requirement. Accessory buildings or structures less than two hundred fifty (250) square feet shall be located at least five (5) feet from the side and rear property line, and outside any utility easements. Accessory buildings or structures two hundred fifty (250) square feet or larger shall meet the bulk requirements of the zoning district for side or rear yards. No accessory building or structure may be erected on a vacant lot. Agricultural parcels used for the production of grains, fruits or trees shall not be considered vacant.

B.

Number. In the residential zoning districts (the agricultural zoning district is not included) there may be one (1) accessory building or structure used for storage.

C.

Size.

1.

Residential lots one (1) acre in size or smaller may have an accessory structure two hundred fifty (250) square feet in size for each three thousand (3,000) square feet of lot area to a maximum of one thousand (1,000) square feet, provided the accessory structure may in no event cover more than thirty percent (30%) of the required rear yard. Additionally, in no event may the size of the accessory structure exceed the total finished square footage living area of the residential structure. In no event shall the size of the accessory structure exceed standards set forth by this regulation.

2.

Residential lots larger than one (1) acre, but smaller than 4.99 acres (and zoned other than agricultural) may have an accessory structure larger than one thousand (1,000) square feet, provided the size may increase by two hundred fifty (250) square feet for each full acre of lot size greater than one (1) acre, and on a pro rata basis for each fraction of a full acre, provided the structure may not cover more than thirty percent (30%) of the required rear yard, and may not exceed the total finished living area of the residential structure. In no event shall the size of the accessory structure exceed standards set forth by this regulation.

3.

Residential lots larger than five (5) acres (not including agriculturally zoned properties) may have an accessory structure that does not exceed the total finished square footage living area of the residential structure.

No accessory building or structure shall be placed within any platted building setback line or required front yard area on an unplatted lot or a lot with no platted building line. No hedge, fence (except a transparent fence such as chain link, in which the solid area is not more than five percent (5%) of the total area of the fence), or wall over three (3) feet high and no accessory off-street parking space shall be located within the triangular site triangle area as prescribed in the parking section of this code.

A.

Except as provided in Section 17.60.020 of this code, no solid fence, hedge or freestanding wall no more than four and one-half (4½) feet in height, may be constructed in front of the front line of the residence, as constructed; behind this line a fence shall not exceed six (6) feet in height. On interior lots which have double frontage, a six-foot-high fence may be constructed in the area between a platted building setback line and the property line in the rear yard.

B.

On corner lots, a solid fence, hedge or freestanding wall may be placed in the side yard a maximum height of six (6) feet to the platted setback line; between the platted setback line and the property line, the fence shall not exceed four and one-half (4½) feet in height. The board of zoning appeals may grant a variance to this regulation and allow a fence up to six (6) feet in height within a platted side yard setback line and the property line, provided the following conditions are met in addition to other items considered when reviewing a variance request:

1.

The fence will not create a site problem for traffic; and

2.

The side yard is not adjacent to the front yard of an adjoining lot.

C.

On corner lots with three (3) frontages, a fence maximum six (6) feet in height may be placed between the platted setback line and the property line on that frontage which constitutes the rear yard of the adjacent lot, provided the adjoining yard is not a front yard. Properties which are not platted shall measure setbacks from the standards prescribed for rear, and side yards in the applicable zoning district.

D.

For the purposes of this section a solid fence is described as fencing which does not meet the standards of a transparent fence as identified in Section 17.60.020.

E.

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.

F.

No barbed wire fences shall be allowed in the residential zoning districts, unless the owner of property has a valid livestock permit, or the Planning Commission has approved a site plan which includes barbed wire fencing for security purposes.

The following items are excepted from the above regulations:

A.

Required Setbacks. Every part of a Required Yard shall be open and unobstructed from its lowest point up to the sky, except for:

1.

Driveways;

2.

Stoops, Decks, stairs, walkways, Balconies, and Patios, which are unroofed and unenclosed, and are not more that eighteen (18) inches above ground level;

3.

Open fire escapes;

4.

Decks and Balconies as long as they do not project more than six (6) feet into a Required Rear Yard;

5.

Awnings, as long as they do not project not more than thirty (30) inches into a Required Yard and moving canopies as long as they do not extend to the edge of a Patio or Deck in the Required Rear Yard;

6.

Fireplaces, fireplace components, chimneys, flues and ventilating ducts; bay bow, oriel and other projecting windows; and eaves, cornices, and other similar ornamental architectural features may project no more than thirty (30) inches in any Required Yard, Court, or Usable Open Space.

B.

Existing, nonconforming Stoops, Porches, stairs, walkways, and Patios that are in need of repair or replacement may be replaced in kind.

C.

Handicapped assessable ramps, walkways, and steps may project into a Required Front and Rear Yard as necessary to meet ADA standards in front and Rear Yard areas.

D.

An arbor, open trellis, residential HVAC unit, and flagpoles, shall not count as an accessory structure, and may be located in any yard area. A completely open sided gazebo, open patio kitchens, fireplaces, or swing sets, shall not be considered as an Accessory Structure, however, setback requirements of this Chapter shall apply, and shall be located in the Required Rear Yard.

E.

Accessory Buildings in Required Front Yards. The Planning Commission may authorize any one (1) of the following accessory to a commercial or industrial use in CH or PO or PI districts, or to an institutional use in any district;

1.

Gatehouse, or

2.

Watchman's post; to encroach in a Required Front Yard, provided such Accessory Building is set back at least twenty-five (25) feet from the Front Plot Line and ten (10) feet from any other plot line; does not cover more than one percent (1%) of the area of the plot; and has height of not more than twenty-five (25) feet;

F.

Any guy wires, anchoring posts, cables or other supports for communication towers, antennae, or wind turbines shall be set back twenty-five (25) feet from all Plot lines, except that no guy wires, cables, anchoring posts or other supports shall be located in any Required Front Yard or Usable Open Space;

G.

No parabolic antenna shall be located in any front or side yard or designated usable open space.