It is this article's intent to regard certain activities as being accessory to the main use of the premises so that they may be carried on under the umbrella of the main use. An activity will be considered an accessory use or accessory structure when it is conducted in conjunction with the main use and the activity constitutes only a customarily incidental part of the total activity that takes place on the property. An accessory use is commonly associated with the main use and integrally related to it.

(Ord. No. 1874, § 27A, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

(a)

No accessory use or structure shall be allowed on any lot unless it is an accessory use to an existing principal use on the lot on which it is to be located.

(b)

Structures shall not be permitted in a required front or side yard setbacks except as specifically provided below.

(c)

Residential accessory uses shall not be rented or occupied for financial consideration unless the accessory qualifies as a home-based business or no-impact, home-based business set forth in chapter 48, article X.

(d)

Home-based businesses are not to be located in accessory structures, unless the home-based business meets the qualifications of a home-based business or no-impact, home-based business set forth in chapter 48, article X. Further, no exterior additions to the building will be permitted in connection with any home-based business, unless the home-based business meets the qualifications of a home-based business or no-impact, home-based business set forth in chapter 48, article X.

(e)

Because accessory structures are not intended to be used for habitable space or as a dwelling unit, any bathroom facilities are limited to a cleanup sink and toilet. Sleeping space, showers or baths, and kitchens are not permitted.

(f)

An accessory use is a building or use which is subordinate in area, extent or purpose to the principal building or buildings served.

(g)

Construction on an accessory building shall not commence until construction of the principal building has commenced.

(h)

When the rear of a corner lot adjoins a lot in a residential district, no accessory building shall be located closer to the side street right-of-way line than the principal building on the corner lot.

(i)

Canopies on accessory uses shall conform to the minimum building setback requirements for principal buildings in the applicable zoning district.

(j)

When an accessory building is directly attached or attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is an accessory use, except as specifically provided below.

(k)

An accessory dwelling unit may not be sold separately from the sale of the entire property, including the principal dwelling unit.

(l)

Accessory structures and buildings located in nonresidential districts shall only be used by the owner, employees of the owner, or tenant of the premises.

(Ord. No. 1874, § 27B, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005; Ord. No. 4593, § 1, 10-24-2022)

No accessory use or structure permitted by this article shall be located in a required yard setback, except as specifically authorized in this section. Any number of accessory structures or buildings are permitted, provided that the lot coverage is not exceeded. These restrictions regarding the location and number of accessory structures and building is subject to the following exceptions:

(1)

Swimming pools including the surrounding concrete apron or deck shall be setback a minimum of ten feet from side and rear property lines.

(2)

Tennis court perimeter fences shall be setback a minimum of ten feet from side and rear property lines.

(3)

Concrete at grade patios, walkways, and driveways may extend to the property line.

(4)

Accessory structures located closer than ten feet to a principal building/structure shall maintain the same setback required of the principal building or structure.

(5)

No detached accessory structures shall be erected closer than five feet to any other building.

(6)

Retaining walls may locate on a property line provided they do not constitute unnecessary hardship on an adjoining property.

(7)

Sheds not exceeding 250 square feet shall be set back a minimum of ten feet from a required side or rear yard.

(8)

Decks attached to single-family dwellings, in an R-1 district only, may encroach five feet into a required rear yard. Encroachment into a required side yard is prohibited.

(Ord. No. 1874, § 27C, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

No accessory use or structure permitted by this article shall exceed one story (25 feet) in height from ground level. Agricultural (A) District accessory uses and structures shall be exempt from this requirement.

(Ord. No. 1874, § 27C, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

Lot coverage by impervious structures such as houses, rooftops, driveways, garages, and decks limit the amount of open area available to absorb stormwater and mitigate off-site runoff. The maximum impervious cover permitted by improvements to lots within the city is limited to the following:

(Ord. No. 1874, § 27D, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

Decks, platforms or gazebos are limited to the side or rear yards. Gazebos may be attached to a deck but must follow the required deck setbacks and shall not exceed the height of the main building.

(Ord. No. 1874, § 27E, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

(a)

For a one-family or two-family dwelling, there shall be permitted one detached garage or covered carport and any number of storage building or shed as long as the lot coverage is not exceeded.

(b)

A detached garage, carport space or storage building or shed, shall not exceed 250 square feet for each 3,000 square feet of lot area. In no event shall the garage or carport area exceed a total of 1,200 square feet. An attached garage or carport shall be subject to the same required setbacks as the main structure unless access is from an alley. In this case the setback is the same as a detached garage or carport. A detached garage or carport shall be subject to the setbacks required for detached accessory buildings.

(c)

For any multifamily residential development, a detached garage or carport shall be subject to the setbacks required for detached accessory buildings. If the applicable district regulations do not contain separate provisions for accessory structures, then the setback requirements for the main structure shall apply.

(d)

In all residential districts, the design and construction of any garage, carport or storage building/shed, larger than 120 square feet, shall be similar to or compatible with the design and construction of the main building. The exterior building materials and colors shall be similar to the main building or shall be commonly associated with residential construction.

(e)

Premanufactured metal carports are prohibited unless they are certified by the carport manufacturer and a licensed engineer to meet the latest adopted building code for wind and snow load, have a concrete foundation and paved asphalt or concrete floor. They must be located a minimum of five feet from the side yard property line. These structures cannot have any side extensions without meeting full requirements of a garage. No electrical receptacles, lights, or fixtures may be attached to such metal structures. These structures cannot be located in the front yard setback of a residential structure if detached and must meet front yard setback for main structure if attached.

(Ord. No. 1874, § 27F, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

In nonresidential districts, outside storage of vehicles, motor homes, equipment, materials, boats or personal watercraft, and similar items, whether in open or enclosed yards, shall meet the following conditions:

(1)

The outside storage is to be located on land owned by, leased by, or under the control of the users.

(2)

Outside storage shall be restricted to side or rear yards not within required yard setbacks and shall be screened from view of neighboring properties.

(3)

Outside storage areas are to be properly screened by means of a solid, sight-obscuring fence, not less than six feet in height. A living screen may be substituted for the fence providing the screen shall provide a solid screen at planting. Fences used as screening directly adjacent to land zoned residential shall incorporate planted buffers as required in article VIII of this chapter regarding landscaping and screening.

(4)

All storage areas and access drives shall be paved.

(5)

Outside storage of inoperative vehicles, materials, or equipment shall not exceed 72 hours.

(Ord. No. 1874, § 27G, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

Parking areas, fences, and signs are allowed as accessory uses. Minimum yard requirements of parking areas, fences, and signs are regulated by other applicable sections of this chapter, and not subject to accessory use yard requirements.

(Ord. No. 1874, § 27H, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

Swimming pools and appurtenant structures, including, but not limited to, walks and decks, shall be considered accessory structures. Private swimming pools, along with incidental installations such as pumps and filters, may not be located in the front yard setback. Non-commercial swimming pools are allowed in a residential district with the following conditions:

(1)

A swimming pool including the surrounding concrete apron and or wood deck along with any associated appurtenances shall be setback a minimum often feet from any side or rear property line.

(2)

No swimming pool may be situated nearer to the front of the lot than the main use structure.

(3)

All other restrictions related to swimming pools shall be in accordance with this Code.

(Ord. No. 1874, § 27I, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)

Accessory buildings and uses shall be so constructed, maintained and conducted as to not be injurious, damaging, or disturbing to the adjacent property and shall be on the premises of the main use. An accessory structure constructed prior to the adoption of the 2003 International Building Code by the city council in November 2003 that does not meet the standards of this subsection is subject to the non-conforming use provisions of this chapter.

(Ord. No. 1874, § 27J, 6-13-1983; Ord. No. 2990, § 2, 8-22-2005)