Sherwood Village City Zoning Code
ARTICLE III
Accessory Structures and Uses
§ 22-11 Authorization.
Subject to the limitations of this article, accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district.
§ 22-12 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE OR USE
A structure or use that:
A.
Is subordinate in area, extent, and purpose to, and serves, a principal structure or use;
B.
Is customarily found as incidental to such principal structure or use;
C.
Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by such principal structure or use;
D.
Is, except as otherwise expressly authorized by the provisions of this chapter, located on the same zoning lot as the principal structure or use; and
E.
Is under the same ownership and control as such principal structure or use.
§ 22-13 Zoning permit required.
When required by § 22-107 of this chapter, a zoning permit shall be obtained before any accessory use or structure is established or constructed.
§ 22-14 Outdoor storage; accessory storage structures.
[Amended 6-12-2000]
Except as otherwise expressly permitted by this chapter, outdoor storage shall not be allowed as an accessory use. Accessory storage structures, other than garages, shall not exceed 120 square feet in gross floor area if accessory to a residential use. Accessory storage structures shall not exceed 10% of either the floor area or the volume of the principal use if accessory to any permitted use by right in a commercial district or 30% of either the floor area or the volume of a principal use permitted by right in an industrial district.
§ 22-15 Residential district accessory structures (R-1A, R-1B, R-1, R-2, IR-2).
[Amended 8-23-2004]
A.
Minor accessory structure:
(1)
Number per lot: one.
(2)
Maximum size: 120 square feet per structure.
(3)
Maximum height: 15 feet.
B.
Major accessory structure:
(1)
Number per lot; maximum size:
Lot Size (square feet) | Number per Lot | Maximum Size (square feet) | |
|---|---|---|---|
0 to 45,000 | 1 | 1,500 | |
45,000 to 64,896 | 2 | Total of both structures may not exceed 1,500 | |
64,897 and greater | 2 | Total of both structures may not exceed 3,000 |
(2)
Maximum height: may not exceed the height of the principal structure.
(3)
Setbacks:
(a)
Front: same as district regulations.
(b)
Side: same as district regulations.
(c)
Rear: same as district regulations.
§ 22-16 Residential recreational facilities.
Residential recreational facilities shall be limited to use by the occupants of the principal residential use and their guests and shall allow lighting not illuminating adjacent properties. Driveways shall be exempt from buffer zone requirements.
§ 22-17 Firewood.
Firewood may be stored on any lot but not for sale and only in rear yards in amounts not to exceed the occupants' need for two heating seasons.
§ 22-18 Off-street storage of vehicles. [1]
The following standards and regulations shall apply to the storage of vehicles in parking lots and parking areas on a lot in a residential or a business district:
A.
"Storage" defined. For purposes of this section, the term "storage" shall mean the parking of a vehicle for a continuous period of longer than seven days.
B.
Classification of vehicles. For purposes of this chapter, vehicles shall be classified as follows, according to size, regardless of the use to which the vehicle is put or intended or designed to serve and regardless of any other classification system made applicable to vehicles by any other governmental body:
(1)
Class I vehicle: a vehicle, other than a recreation vehicle, that does not exceed 20 feet in length, seven feet in width and eight feet in height.
(2)
Class II vehicle: a vehicle that is not a Class I vehicle and that does not exceed 23 feet in length and that does not exceed 12,000 pounds in gross weight.
(3)
Class III vehicle: a vehicle that is neither a Class I vehicle nor a Class II vehicle.
C.
Storage of vehicles in garages. Any number of Class I, Class II, or Class III vehicles may be stored in a garage in a residential district, provided that said garage complies with all applicable provisions of this chapter and provided further that Class III vehicles shall be stored only in a completely enclosed garage.
D.
Storage of vehicles in parking lots. Any number of Class I or Class II vehicles may be stored in lawfully existing parking lots in any multiple-family residential district (or any such lot approved as part of a planned unit development); provided, however, that no vehicle shall be stored so as to reduce the availability of off-street parking spaces below the minimum number of spaces required pursuant to Article VI of this chapter. No Class III vehicle shall be stored in any parking lot in a residential district.
E.
Storage of vehicles in parking areas.
(1)
Maximum number permitted. The maximum number of vehicles permitted to be stored in all parking areas on any lot in a single-family residential district at any one time shall be as follows:
(a)
Total vehicles: four.
(b)
Class I vehicles: four.
(c)
Class II vehicles: one.
(d)
Class III vehicles: none.
(2)
Location on lot. Vehicles may be stored in parking areas only in compliance with the provisions of Subsection F below and only in the following locations on a lot in a residential district:
(a)
Class I vehicle: anywhere on the lot, including any required yard.
(b)
Class II vehicle: anywhere on the lot, including side and rear yards, but excluding the required front and corner side yards.
(c)
Class II vehicle: nowhere on the lot.
F.
General regulations and standards. The following standards and regulations shall apply to the storage of vehicles in parking lots and parking areas on a lot in a residential district:
(1)
Distance from lot line or public sidewalk. No Class II or III vehicle shall be stored within three feet of any lot line or any vehicular or pedestrian right-of-way.
(2)
Surface. No motorized vehicle shall be stored except on an all-weather, durable and dustless surface; such surface shall be an asphalt or cement pavement within 24 months of the issuance of a building permit in all new residential structures.
(3)
Screening. See Article IX of this chapter for landscaping and screening requirements applicable to the storage of Class II vehicles on a lot in a residential district.
(4)
Permanent location prohibited. No vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready removal.
(5)
Residential use prohibited. No vehicle shall be used for living, sleeping or housekeeping purposes.
(6)
Utility hookups. No vehicle shall be connected to any public utility except for required servicing.
(7)
Unsafe conditions. No vehicle shall be stored so as to create a dangerous or unsafe condition. The ground under or surrounding the location wherein a vehicle is stored shall be free of noxious weeds, debris and combustible material.
G.
Unlicensed and inoperable vehicles. No vehicle without current license plates nor any vehicle incapable of being driven or used for the purpose or use for which it was designed shall be stored in any parking lot or parking area on any lot in a residential district.
H.
Temporary storage. Notwithstanding any other provision of this section, any vehicle may be stored at any location on a lot in a residential district or a business district for a period not to exceed 72 hours; provided, however, that, unless authorized by the Zoning Administrator based on special circumstances, no more than one such temporary period shall occur in any seven-day period.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
§ 22-19 Satellite dish antennas.
All applications for zoning permits must include certification by a registered engineer that the proposed installation complies with those standards listed in Sections 614.0 and 615.0 of the BOCA Basic Building Code, including written documentation of load distributions within a building's support structure where the antenna is to be attached to a building.
A.
Agriculture and residential districts.[1]
(1)
Permitted uses. In any agriculture or residential zoning district, ground-mounted satellite dish antennas up to 12 feet in diameter may be permitted, subject to the following criteria:
(a)
All installations must comply with all accessory use, yard, height, bulk, and setback requirements specified within the district.
(b)
All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.
(c)
All installations shall employ to the extent possible materials and colors that blend with the surroundings.
(d)
All installations must include screening treatments located along the antenna's nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base in accordance with § 22-60 of this chapter.
(2)
Conditional uses. In any agriculture or residential zoning district, roof-mounted satellite dish antennas up to 12 feet in diameter may be permitted by conditional use permit, subject to the following criteria:
(a)
Demonstration by the applicant that compliance with Subsection A(1) of this section would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
(b)
The height of the proposed installation does not exceed the maximum height restriction imposed upon primary uses within the district.
(c)
Those criteria relating to all conditional uses in this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
B.
Commercial and industrial districts.
(1)
Permitted uses. In any commercial or industrial districts, ground-mounted satellite dish antennas up to 12 meters in diameter may be permitted, subject to the following criteria:
(a)
All primary use installations or accessory use installations that abut land zoned for residential purposes shall comply with the principal setback requirements specified within the underlying district. All accessory use installations not abutting residentially zoned land shall comply with the district's accessory use setbacks.
(b)
All installations shall comply with the maximum height restrictions imposed upon primary uses.
(c)
All installations exceeding 12 feet in diameter shall be screened from any adjoining residentially zoned land. Such screening can be waived if the antenna is set back a distance at least five times its diameter from the residentially zoned parcel.
(2)
Conditional uses. In any commercial or industrial districts, roof-mounted satellite dish antennas up to 12 meters in diameter may be permitted by conditional use permit, subject to the following criteria:
(a)
Demonstration by the applicant that compliance with the applicable yard, setback, and height restrictions would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control.
(b)
The height of the proposed installation does not exceed the maximum height restriction imposed for primary uses within the district, except that buildings within a business district that are built up to this maximum height may be permitted a rooftop installation so long as the diameter of the antenna does not exceed 12 meters or 33% of the existing height of the building, whichever is less.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
(c)
Those criteria relating to all conditional uses in this chapter.
§ 22-20 Amateur radio antennas; special height limit.
Notwithstanding any other height limitation of this chapter, any antenna and antenna support structure that is capable of transmitting as well as receiving signals and licensed by the Federal Communications Commission as an amateur radio facility may extend to no more than 60 feet in height above grade or 20 feet in height above the roof of a principal building to which it is attached, whichever is less, if such antenna and antenna support structure meet each of the following conditions:
A.
Setback from street. No such antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.
B.
Setbacks from adjacent buildings. No such antenna or its support structure shall be located nearer than 1/2 the height of the antenna and support structure to any adjacent principal building on any adjacent property.
C.
Guy wires restricted. No guy or other support wires shall be used in conjunction with such antenna or support structure except when used to anchor the antenna or the support structure to an existing building on which such antenna or support structure is maintained.
D.
Screening. See § 22-60 of this chapter for landscaping and screening requirements applicable to ground-mounted antennas.
§ 22-21 Exterior lighting.
Any permitted accessory lighting fixtures shall be so designed, arranged and operated as to prevent glare and direct rays of light from being cast onto any adjacent public or private property or street and so as not to produce excessive sky-reflected glare. Except for streetlights, no exterior light in or adjacent to any residential district shall be so designed, arranged, or operated as to produce an unreasonable amount of light.
§ 22-22 Special bulk, yard and space regulations.
A.
General rule. Except as otherwise provided in this section, all accessory structures and uses shall comply with, and be included in calculating compliance with, all bulk, yard and space requirements applicable in the district in which they are located.
B.
Special side and rear yard regulations in single-family residential districts. Notwithstanding the otherwise applicable side and rear yard regulations established for principal structures and uses by the district regulations of this chapter, detached accessory structures and uses located within the rear 20% of the lot shall not be required to maintain an interior side or rear yard in excess of five feet in any single-family residential district; provided, however, that this special regulation shall not apply to residential recreational facilities or antennas and antenna support structures, and provided further, however, that no accessory structure or use, or combination of such structures or uses, located within an otherwise required side or rear yard pursuant to this subsection shall occupy more than 30% of such required yard. Notwithstanding the foregoing limitations, parking areas within single-family residential districts may be located in any required yard.
C.
Special yards for parking areas and lots. In single-family residential districts, parking areas shall be located in any required yard. In all other districts, parking lots and areas shall be located in any required rear yard.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
D.
Distance from principal structures. No detached accessory structure, except an antenna or antenna support structure, shall be located within 10 feet of any principal structure unless such accessory structure is protected by a fire separation wall approved by the Zoning Administrator.
E.
Special height limitation. No accessory structure shall exceed 15 feet in height measured from grade; provided, however, that flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure, and the height of any antenna with a surface area in excess of 12 square feet shall be governed by §§ 22-19 and 22-20 of this chapter.
[Amended 10-11-2010[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
F.
Garden pond limitations.
[Amended 3-27-2000]
(1)
Garden ponds or a series of ponds shall:
(a)
Not exceed two feet in depth measured from grade.
(b)
Not be constructed within four feet of any lot line.
(c)
If constructed in front or side yards:
[1]
Not exceed six feet in diameter if a single pond.
[2]
Not exceed 75 square feet in area if a series of ponds.
(d)
If constructed in rear yards:
[1]
Not exceed 10 feet in diameter if a single pond.
[2]
Not exceed 500 square feet in area if a series of ponds.
(2)
No more than one garden pond or one series of ponds may be placed in a front or side yard.
(3)
One garden pond or one series of ponds may wrap from a front to a side yard.
§ 22-23 Use limitations.
A.
Every accessory structure or use shall comply with the use limitations applicable in the zoning district in which it is located.
B.
No accessory structure or use shall be constructed, established, or maintained on any lot prior to the substantial completion of construction of the principal structure to which it is accessory.