1.

Purpose. Accessory structures and uses are permitted in connection with and incidental to a permitted principal use or structure and in compliance with the restrictions of this section.

The purpose of establishing specific guidelines for specific accessory structures and uses is provide clear direction for determining compatibility between adjacent uses and to provide a mechanism for recommending bodies and decision makers to evaluate zoning and rezoning applications.

2.

Permitted accessory structures and uses. Permitted accessory structures and uses shall be limited to the following and any additional uses and structures the planning director finds are similar to those listed in scope, size and impact and which are otherwise in compliance with this ordinance. All accessory structures shall require a permit.

3.

Residential accessory structures.

(a)

Fences and walls—Material shall be limited to the following: wood, wrought iron or decorative aluminum, masonry, vinyl and/or stucco. Chain link are allowed only in the rear and side yards. All fences and walls shall have their finished face directed outward towards adjacent lots or streets. The height of any fences in the side yard or rear yard shall not exceed eight (8) feet and four (4) feet in the front yard.

(b)

Flag poles—Such structures must meet the height and building setback requirements of the underlying zoning district.

(c)

Freestanding heating and air equipment—Such structures shall be located in side and rear yards only and may encroach into the required yard up to four (4) feet.

(d)

Patios, paved terraces and decks, at or above ground—No patio, paved terrace or deck shall be located within five (5) feet of any property line or public right of way.

(e)

Garage or carport attached to dwelling—Structure must meet the setback requirements of the underlying zoning district. In no instance, shall the structure be located within five (5) feet of the rear or side property line.

(f)

Garage or carport detached—Structure shall not protrude into any required front yard and shall not be located within five (5) feet of the rear or side property line.

(g)

Residential outbuildings—Shall be limited to ten (10) feet in height and shall be no closer than five (5) feet to any side or rear property line. In no instance, shall an outbuilding be located in any required front yard.

(h)

Swimming pools—Swimming pools, whether in-ground or above-ground, shall be installed no closer than ten (10) feet to any property line measured from the nearest water surface, exclusive of decking, which shall be located no closer than five (5) feet from any property line. Swimming pools shall be located in the rear or non-street side yard of the property. Swimming pools shall comply with the Standard Swimming Pool Code and must be approved by the building official.

(i)

Radio or satellite/TV antennas—Such structures may be on the roof facing the rear or side yards or may be freestanding. All such units shall be set back a minimum of fifteen (15) feet from all lot lines. Ground mounted antennas shall not exceed fifteen (15) feet in height and shall be located in rear yards only. Roof mounted antennas shall not project more than five (5) feet above the roof line.

4.

Non-residential accessory structures.

(a)

Fences and walls—Material shall be limited to the following: wood, wrought iron or decorative aluminum, masonry or stucco and chain link (permitted in rear and side yards only). All fences and walls shall have their finished face directed outward towards adjacent lots or streets. The height of any fence in the side or rear yard shall not exceed eight (8) feet and three (3) feet in the front yard.

(b)

Storage sheds—Shall be located in the rear or non-street side yards only. Structures shall be located at least five (5) feet from adjacent non-residentially zoned property and at least thirty (30) feet from any residentially zoned property.

(c)

Refuse disposal containers and pads—Shall be located in the rear or non-street side yards only. All structures shall be located on a pad and enclosed by a six (6) foot high fence or masonry wall with a latched gate and landscaped to visually screen such structure from adjacent properties.

(d)

Freestanding heating and air units—Such structures shall be located in the rear street side yards only. The units may encroach into the required yard up to four (4) feet. The equipment must be fenced and screened on at least three (3) sides and landscaped, with a latched gate on the fourth side to visually obstruct such structure from adjacent properties.

5.

Non-residential accessory uses.

(a)

Outdoor dining—Outdoor dining may be permitted as an accessory use only in the CBD and the CGN districts provided that the dining area does not obstruct any public right of way without prior authorization from the city and that the dining area meets all applicable building code and safety requirements. Outdoor dining should ideally be provided on an extension of the sidewalk in front of the building as long as the facade line is maintained, within the building but using a solarium or paneled window walls, or in the rear yard provided that such use be enclosed by a four (4) foot decorative fence when the rear yard is adjacent to non-residential uses and a eight (8) foot privacy fence when adjacent to residential uses.

(b)

Car wash (accessory to gas station)—A car wash shall be permitted as an accessory use to a gas station/convenience store in the CGN and MXD-1 districts subject to the following requirements: a site plan shall be submitted, a fifteen (15) foot buffer shall be maintained along the side and rear property lines abutting residentially zoned property and the car wash facility shall not be located in any required parking spaces.

(c)

Used car sales—The sale of used cars in the CGN district are only allowed in conjunction with a new car dealership.

(d)

Theater marquee—Structure must be located on the same lot as the building which operates primarily as a theater or cinema house. Structure may be freestanding or attached onto the front of the associated facility. Electronic displays shall only use static messages, and the image or text shall change no more frequently than once every ninety (90) seconds. Furthermore, there shall be no fade transitions, animations, video, or similar subtle transitions or frame effects that have the appearance of moving text or images. Electronic displays are limited to one (1) background color and one (1) text color. The city planning department and downtown sign committee (if applicable) must approve the location, size and aesthetics of all theater marquees prior to permit approval.

(e)

Other accessory uses as approved by planning director.

(Ord. No. 2007-10, 3-12-07; Ord. No. 15-8, § 2, 6-23-15; Ord. No. 23-10, § 5, 5-8-23)