§ 15-2004. ACCESSORY BUILDINGS AND STRUCTURES.

A.

Applicability. These provisions apply to:

1.

All new structures over seven feet in height, including, but not limited to, garages, carports, porte-cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, etc. which collectively shall be referred to as Accessory Structures, that are attached or detached from and accessory to the main building on the site.

2.

Decks and patios that are 30 inches above the ground elevation, excluding above-ground pools.

B.

Relation to Other Structures.

1.

A detached accessory building may be constructed on a lot on which there is a permitted main building to which the accessory building is related.

2.

Should the ownership of two contiguous and immediately adjoining residential lots be the same and one lot contains a single-family home, an accessory building (with the exception of required parking) and/or pool, may be permitted on the adjoining vacant lot subject to compliance with all property development standards. The owner shall sign a covenant, which will at a minimum require that any improvements, such as pools, storage sheds, etc., be removed should either parcel be sold separately.

3.

An accessory building may be constructed prior to a permitted main building and used for not more than one year in connection with the construction of the main building. The owner shall sign a covenant, which will at a minimum, require that the accessory structure be removed should the main building not be constructed.

C.

Residential Districts.

1.

For habitable accessory structures, including Second Dwelling Units, Backyard Cottages, and Accessory Living Quarters, refer to Section 15-2754. For outdoor kitchens see 15-2753, Second and Outdoor Kitchens.

2.

An Accessory Structure may have plumbing for a washer, dryer, and/or utility sink.

3.

An Accessory Structure may contain a toilet, shower, and sink. Bathtubs and stoves are not permitted. The applicant shall sign a covenant that would prohibit the structure from being used as habitable space.

4.

Existing accessory structures that do not comply with the strict application of the required setbacks of the underlying zone district, may install a toilet, shower, sink, and plumbing for a washer, dryer, or utility sink, subject to compliance with the adopted Building Code. This exception does not allow for a reduction in required parking spaces, parking space dimensions, building regulations, or any other adopted standards.

D.

Setbacks. Accessory Structures shall comply with the standards below.

1.

All Districts.

a.

Front and Street-Side Yards. Accessory Structures may not be located within required front yard or street-side setback areas.

b.

Alleys. Accessory Structures shall be set back a minimum of five feet from an alley if the Accessory Structure utilizes the alley for vehicle access.

2.

Single-Family Districts.

a.

Front Yards. Not permitted, unless on a Double Frontage Lot (e.g. Through Lot). In the case of the latter, both street frontages shall be treated as Front Yards.

b.

Interior-Side and Rear Yards. Accessory Structures shall be set back from interior side and rear property lines as follows:

i.

If the Accessory Structure is located closer than six feet from the main building, the Accessory Structure shall comply with the setbacks of the applicable Base and Overlay District.

ii.

If the Accessory Structure is located six feet away or farther from the main building, it may be located on the interior or rear property line. Said structure shall comply with the Building Code.

3.

Multi-Family Districts.

a.

Front Yards.

i.

Accessory Structures shall be located to the rear of main buildings.

ii.

Detached garages and/or carports shall be located away from adjacent public roadways, to the rear, or shall be perpendicular to adjacent roadways to the greatest extent feasible.

b.

Interior-Side and Rear Yards. Accessory Structures shall be set back from interior side and rear property lines as follows:

i.

If Adjacent to Single-Family Districts. Accessory Structures, including garages and covered parking spaces, shall be set back per the underlying district or operative plan, whichever is greater.

ii.

All Other Districts. Five feet.

4.

Non-Residential Districts. Accessory Structures shall comply with the setbacks per the underlying district or operative plan, whichever is greater.

E.

Height. Accessory Structures are subject to the height limitations specific to the zoning district in which they are located except as provided below in Residential Districts.

1.

Residential Districts.

a.

Parcels 10,000 Square Feet and Less. Accessory Structures shall be no greater than 12 feet high measured from the ground level to the finished height of the structure.

b.

Parcels Greater than 10,000 Square Feet. Accessory Structures located a minimum of 10 feet from all property lines may be up to 16 feet high.

2.

Additional Height. The Director may allow additional height not to exceed the height of the main building provided the Accessory Structure is designed, in terms of materials and architectural styles, to match the main building. The setbacks described above shall still be applicable.

F.

Tree Houses and Play Structures.

1.

When exceeding twelve feet in height, as measured from the ground level to the top of the structure, the structure must be set back to a distance equal or greater than its height.

2.

When exceeding 120 square feet, a building permit is required.

3.

If the structure overlooks a neighboring residential rear yard, landscaped screening shall be provided. This requirement may be waived with the written agreement of the affected neighbor(s) at the time the structure is constructed.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 10, eff. 7-30-17; Am. Ord. 2018-66, §§ 13, 14, eff. 1-18-19).