Permitted residential uses and approved special uses shall be deemed to include accessory uses, activities, and structures that are necessarily and customarily associated with, and appropriate, incidental and subordinate to the principal residential uses and structures allowed in zoning districts. Residential accessory uses, activities, and structures shall be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this Unified Development Code. Residential accessory uses and structures shall include, but not be limited to, the following:
(a) Fences and walls subject to section 16-703(b), Fences in residential districts;
(b) Garages, carports and off-street parking and loading areas;
(c) Gardens;
(d) Gates and guard houses;
(e) Guest house or guest rooms, neither may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units;
(f) Home occupations subject to section 16-703(d), Home occupations;
(g) Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;
(1) Metal shipping containers shall not be used as storage sheds in residential zones.
(h) Pools;
(i) Radio and television receiving antennas, non-commercial broadcast radio towers, and support structures, subject to section 16-803(f)(2), Exemptions from height standards;
(j) Recreational and play facilities for residents;
(k) Recycling enclosures;
(l) Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes and in the driveways of private homes. All parking areas for recreational vehicles or equipment shall be asphalt or concrete. Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks. Recreational vehicles or equipment shall not be stored within required off-street parking spaces. No recreational vehicle shall be used for living or sleeping purposes while on the premises for a period exceeding 14 days in a calendar year.
(m) Storm shelters and fallout shelters; and,
(n) Other necessary and customary uses and structures determined by the planning director to be appropriate, incidental and subordinate to the principal use or structure on the lot, subject to compliance with any development and performance standards imposed by the planning director to ensure land use compatibility.
(Code 2016, Sec. 106-85; Ord. 3511)
Permitted nonresidential uses and approved special uses shall be deemed to include accessory uses, activities and structures that are necessarily and customarily associated with, and appropriate, incidental and subordinate to the principal nonresidential uses and structures allowed in zoning districts. Nonresidential accessory uses, activities and structures shall be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this Unified Development Code. Nonresidential accessory uses and structures shall include, but not be limited to, the following:
(a) Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;
(b) Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel;
(c) Fences and walls, subject to section 16-703(c), Fences in nonresidential districts;
(d) Gates and guard houses;
(e) Offices for allowed businesses and industrial uses when the office is located on the same site as the principal use;
(f) Parking garages and off-street parking areas;
(g) Radio and television receiving antennas, non-commercial broadcast radio towers, and support structures subject to section 16-803(f)(2), Exemptions from height standards;
(h) Recycling enclosures;
(i) Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building;
(j) Sales of goods produced as part of allowed industrial activities when on the same site as the principal industrial use;
(k) The storage of merchandise when located within the same building as the principal business; and,
(l) Other necessary and customary uses and structures determined by the planning director to be appropriate, incidental and subordinate to the principal use or structure on the lot, subject to compliance with any development and performance standards imposed by the planning director to ensure land use compatibility.
(m) Metal shipping containers will be allowed as storage sheds in C-2 General Business and I Industrial zones, if the property is not adjacent to a residential zone. Metal shipping containers may not be stacked.
(Code 2016, Sec. 106-86; Ord. 3511)
The following standards shall apply to all accessory uses and structures unless otherwise specifically provided:
(a) All accessory uses and structures.
(1) Yard location. All accessory structures, unless otherwise specifically provided, shall be located in the rear yard. A fence or wall may be located in the front yard. A fence, wall or detached garage may be located in the side yard.
(2) Front setback. No accessory structure, other than a fence or wall, shall be located within a required front setback.
(3) Rear setback. Accessory structures shall not be required to comply with the rear setback standard that applies to principal uses. Accessory structures, other than fences or walls, shall, however, be setback a minimum of five feet from rear lot lines and side lot lines.
(4) Side setback. No accessory structure, other than a fence or wall, shall be located within a required side setback.
(5) Setbacks from easements. No accessory structure-shall be located within any platted or recorded easement, or over any known utility. The property owner assumes all liability for the placement of any structure or building in an easement or over a known utility.
(6) Height. No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized.
(7) Building separation. Unless attached to the principal structure, accessory structures shall be located at least five feet from any other structure.
(8) Building coverage or building size. In residentially zoned districts the maximum combined size for all accessory structures on adjacent property sizes 18,000 square feet or smaller, shall be 900 square feet total. On adjacent property sizes over 18,000 square feet, it shall be 1500 square feet total. The maximum wall height for an accessory structure in a residentially zoned district shall be ten feet.
(9) Number of buildings. In residentially zoned districts a maximum of two detached accessory buildings shall be permitted on adjacent property sizes 18,000 square feet or smaller, and a total of three on adjacent property sizes over 18,000 square feet in residentially zoned districts. This calculation shall include buildings such as, garages, carports, pool house and tool sheds, but shall not include buildings like gazebos and children’s play structures.
(10) Permits required. No accessory structures or buildings shall be erected, placed or constructed until an accessory structure permit application has been reviewed and approved by the planning director. Such application shall include: (1) the type of structure or building to be erected, placed or constructed; (2) a plot plan drawn to scale. The plot plan shall be drawn to scale and include: (1) lot lines with dimensions; (2) location of easements, rights of way, and utilities; (3) existing structures, buildings, fences and walls with dimensions; (4) the location of the proposed accessory structure showing dimensions and set-backs.
(b) Fences in residential districts. Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to all fences in residential zoning districts.
(1) Fences in front yards. Fences located in a front yard shall not exceed four feet in height and shall have a maximum density of 50 percent. Examples include picket, wrought iron, and chain link fences.
(2) Maximum height. Fences located in side yards and rear yards shall not exceed six feet in height. Fencing around public or parochial school grounds, tennis courts and other recreational amenities shall be exempt from a maximum height limit.
(3) Corner visibility. On corner lots, fences shall not impede vision between a height of two feet and eight feet within the triangular area formed by imaginary lines that begin at the corner, follow street pavement edges for 25 feet and are then connected by a line crossing the yard.
(4) Setbacks. There shall be no minimum setbacks for fences. Fences shall not be erected in recorded easements, public rights of way, or over known utilities.
(5) Construction and materials. Fences shall be constructed in a workmanship-like manner so that the horizontal and vertical support posts are inside the fenced area or otherwise hidden from view when outside the fenced area. This requirement shall not apply to fences that abut nonresidential zoning districts or in situations where the owner of the lot adjacent to the fence agrees to a plan for placing support posts on the “outside” of the fence. All exposed steel except galvanized metal shall have a color finish coat applied to them and be preserved against rust and corrosion.
(6) Swimming pools. Fences enclosing swimming pools are required and shall meet the requirements of this section, as well as all other applicable regulations.
(7) Design and maintenance. All fences shall be maintained in their original upright condition. Fences designed to be painted or have other surface finishes shall be maintained in their original condition as designed. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.
(8) Prohibited. The following fences shall be prohibited in all residential zoning districts:
(A) Fences constructed in whole or in part of barbed wire;
(B) Fences constructed of more than two different types of fencing material;
(C) Fences constructed in whole or in part of cloth, canvas or other like material;
(D) Fences used as signs;
(E) Fences constructed solely of a single wire or of two wires between posts or supports;
(F) Welded wire fences;
(G) Electrified fences; and
(H) Fences constructed of agricultural type fencing (i.e. cattle wire, welded wire, chicken wire).
(9) Permits required. No fence shall be erected, modified or changed in any manner until a fence permit application has been reviewed and approved by the planning director. Such application shall include: (1) the type of fence to be erected, modified or changed; (2) the material to be used; (3) the height of the fence; (4) a plot plan drawn to scale. The plot plan shall be drawn to scale and include: (1) lot lines with dimensions; (2) locations of easements, public rights of way, and utilities; (3) existing structures, buildings and fences with dimensions; (4) location of gates or other openings; (5) height of the fence.
(c) Fences in nonresidential districts. Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of all fences in nonresidential zoning districts.
(1) Maximum height. Fences shall not exceed eight feet in height. Fencing around public or parochial school grounds, tennis courts and other recreational amenities shall be exempt from a maximum height limit.
(2) Corner visibility. On corner lots, fences shall not impede vision between a height of two feet and eight feet within the triangular area formed by imaginary lines that begin at the corner, follow street pavement edges for 25 feet and are then connected by a line crossing the lot.
(3) Setbacks. There shall be no minimum setbacks. Fences shall not be erected in recorded easements, public rights of way, or over known utilities.
(4) Construction and materials. Fences shall be constructed in a workmanship-like manner so that the horizontal and vertical support posts are inside the fenced area or otherwise hidden from view when outside the fenced area. This requirement shall not apply to fences that abut nonresidential zoning districts or in situations where the owner of the lot adjacent to the fence agrees to a plan for placing support posts on the “outside” of the fence. All exposed steel except galvanized metal shall have a color finish coat applied to them and be preserved against rust and corrosion.
(5) Swimming pools. Fences enclosing swimming pools are required and shall meet the requirements of this section, as well as all other applicable regulations.
(6) Design and maintenance. All fences shall be maintained in their original upright condition. Fences designed to be painted or have other surface finishes shall be maintained in their original condition as designed. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.
(7) Prohibited. The following fences shall be prohibited in all nonresidential zoning districts:
(A) Fences constructed in whole or in part of barbed wire unless the barbed wire is at least six feet above ground and at least one foot inside the property line of a lot located within a C-2 or 1 Zoning District;
(B) Fences constructed of more than two different types of fencing material;
(C) Fences constructed in whole or in part of cloth, canvas or other like material;
(D) Fences used as signs;
(E) Fences constructed solely of a single wire or of two wires between posts or supports; and
(F) Electrical fences.
(8) Permits required. No fence shall be erected, modified or changed in any manner until a fence permit application has been reviewed and approved by the planning director. Such application shall include: (1) the type of fence to be erected, modified or changed; (2) the material to be used; (3) the height of the fence; (4) a plot plan drawn to scale. The plot plan shall be drawn to scale and include: (1) lot lines with dimensions; (2) locations of easements, public rights of way, and utilities; (3) existing structures, buildings and fences with dimensions; (4) location of gates or other openings; (5) height of the fence.
(d) Home occupations. Home occupations shall be allowed as an accessory use in any residential zoning district, subject to the standards of this section.
(1) Location and size. Home occupations shall be operated entirely within the principal residential building and shall not occupy more than 25 percent of the total floor area of the principal residential building.
(2) Outdoor storage and exterior appearance. There shall be no visible exterior evidence of the conduct of a home occupation. Specifically, no outdoor storage of materials or equipment shall be permitted in conjunction with a home occupation.
(3) Employees. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as their residence, provided that in the case of a limited day care facility, one assistant not residing in the home shall be allowed.
(4) Operational standards. Home occupations shall be subject to section 16-805, Operational performance standards.
(5) Parking. Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted within a residential setback, other than in a driveway. In no event shall required setbacks be used for off-street parking to serve a home occupation.
(6) On-site product sales. No products shall be sold directly to customers from the premises.
(7) Prohibited home occupations. In no event shall any of the following uses or activities be conducted as a home occupation. (This list is for emphasis only and does not constitute and exhaustive list of prohibited activities):
(A) Funeral services;
(B) Hotel/motel;
(C) Medical offices;
(D) Meat or animal processing;
(E) Retail sales that involves direct product sales to customers from the premises;
(F) Tourist homes; and
(G) Vehicle or equipment sales, rental or repair.
(Ord. 3387, § 1, 8-10-10, eff. 1-1-11; Ord. 3473, 04-12-17; Code 2016, Sec. 106-87; Ord. 3496)