120.410 Accessory Uses or Buildings. A. Accessory Uses. Any use

120.410 Accessory Uses or Buildings. A. Accessory Uses. Any use
120.410
A.
Accessory Uses or Buildings.
Accessory Uses.
Any use which complies with all of the following conditions, may be
operated as an accessory use and may be operated in an accessory or
principal building which:
B.
1.
Is clearly incidental and customary to and commonly associated
with the operation of the permitted uses;
2.
Is operated and maintained under the same ownership and on the
same lot, parcel or building site as the permitted uses;
3.
Does not include structures or structural features inconsistent with
permitted uses.
4.
Accessory buildings may only be established subsequent to the
establishment, erection or construction of the principal building on
the lot, parcel or building site, except as otherwise permitted and in
accordance with the special exception use provisions of the zoning
district classification in which the lot, parcel or building site is
situated. Where a parcel is 10 or more acres in area, an accessory
building may be constructed as the principal building on the parcel
without restriction, provided it shall adhere to principal building
setbacks.
Accessory Buildings.
In addition to the requirements under Section 120.600, an accessory
building is subject to the following limitations:
1.
One accessory building is permitted for accessory use on a platted
lot or building site:
a.
Lot or building site less than 1 acre:
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Maximum square footage – 864 square feet
Maximum side wall height – 10 feet
Maximum overall building height – 16 feet
Maximum building length – 36 feet
§ 410:1
b.
Lot or building site more than 1 acre but less than or equal
to 2.5 acres:
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c.
2.
Maximum square footage – 1080 square feet
Maximum side wall height – 12 feet
Maximum overall building height – 20 feet
Maximum building length – 36 feet
Lot or building site of more than 2.5 acres: There is no
limit on the size or number of accessory buildings on a
platted lot or building site of more than 2.5 acres in size.
One accessory building is permitted for accessory use on unplatted
land 2.5 acres or less in size:
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Maximum square footage – 1280 square feet
Maximum side wall height – 12 feet
Maximum overall building height – 20 feet
Maximum building length – not limited, but
subject to the above requirements.
3.
There is no limit on the size or number of accessory buildings on
an unplatted parcel of more than 2.5 acres in size, subject to the
provisions of Section 120.600 of this Ordinance.
4.
Accessory buildings may only be established subsequent to the
establishment, erection or construction of the principal building on
the lot, parcel or building site, except as otherwise permitted and in
accordance with the permitted use or special exception use
provisions of the zoning district in which the property is situated.
5.
Accessory buildings shall be located in the rear or side yard of said
lot, parcel or building site, unless the lot is in excess of 2.5 acres,
in which case the accessory building may be located in the front of
the principal structure so long as the accessory building is set back
a distance equal to twice the minimum front yard setback as set
forth in the particular zoning district in which they are located.
§ 410:2
6.
Notwithstanding the foregoing in subsections A and B of this
section, if there is no existing attached garage on the lot, parcel or
building site, a detached single story garage with side walls not
exceeding ten (10) feet, a total height of fourteen (14) feet, nor a
total square footage of 768 feet shall be allowed, in addition to the
single accessory building provided for above and the same shall
not constitute a violation of the limitations placed on the number of
accessory buildings as set forth above but the same shall be subject
to all other provisions of this Ordinance which are applicable to
accessory buildings.
7.
A single portable accessory structure not exceeding 200 square feet
in area nor exceeding an overall height of 12 feet and which is
mobile and not permanently affixed to the ground, shall be
allowed, in addition to any other accessory buildings allowed, and
the same shall not constitute a violation of the limitations placed
on the number of accessory buildings as set forth above. Portable
accessory structures include any temporary pavilion, portable
garage, portable carport, portable shed, portable yard barn, portable
covered metal structure or any other similar accessory structures or
buildings. All portable accessory structures must be located in the
rear yard. All portable accessory structures shall be located at least
25 feet from any road right-of-way, and at least 5 feet from lot
lines. All other lot coverage requirements are waived for a single
portable accessory structure subject to this subsection. It is the
responsibility of property owners to place a portable accessory
structure subject to this subsection at a location on their property
that conforms to these requirements. Property lines should be
verified by property owners before placement of any structure.
8.
Any portable accessory structures exceeding 200 square feet in
area and/or exceeding an overall height of 12 feet, which is mobile
and not permanently affixed to the ground, will require a building
permit per applicable building code requirements. Portable
accessory structures exceeding 200 square feet in area shall be
subject to the lot coverage requirements and all other provisions of
this Ordinance which are applicable to accessory buildings.
Portable accessory structures include any temporary pavilion,
portable garage, portable carport, portable shed, portable yard barn,
portable covered metal structure or any other similar accessory
structures or buildings. It is the responsibility of the property
owner to place all portable accessory structures on their own
property. In accordance with setback requirements, property lines
should be verified before placement of any structure by property
owners.
§ 410:3
9.
Any accessory structure may include a bathroom facility, but may
not include any kitchen or cooking facilities.
10.
Exception for Non-Buildable Lots: Any accessory building may
be permitted on a non-buildable parcel subject to the following
conditions:
a.
The non-buildable parcel shall be consolidated with a
contiguous parcel, lot or site condominium unit by
recording a deed restriction that such consolidation of the
non-buildable parcel with a parcel, lot or unit must remain
in perpetuity.
b.
The zoning of the consolidated parcel, lot or unit shall be of
the same zoning classification or in a different zoning
classification where single-family dwellings are permitted
in both districts.
c.
The buildable parcel, lot or unit must be legal or legal
nonconforming (lot of record) and the consolidated nonbuildable parcel must be of a contiguous width equal to or
greater than the width of the buildable parcel for its entire
width.
d.
That this exception is for accessory buildings only and shall
not allow for any consolidation that would allow for a lot or
unit to be used for access for a principal building site.
e.
That the location of the accessory building shall be behind
the principal dwelling, using the extended lot width side
yard setbacks. This would ensure that the accessory
building is not located behind that of an adjoining dwelling
(or lot if vacant) and that such area could be split for the
benefit of the adjoining lot at some point in the future.
[Ord. No. 240, eff 9/27/2016]
Supplement 1 – Ord. No. 240
§ 410:4
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