DIVISION 5. ACCESSORY BUILDINGS AND STRUCTURES

Sec. 62-1761. Location.

Any accessory building or structure shall be subject to the yard requirements of the zoning district in which the property is located with the following exceptions:

(1) On residential lots, storage sheds not exceeding nine feet in height, 150 square feet in floor area or 16 feet in any horizontal dimension may be located in accordance with section 62-1767.

(2) A farm stand shall not be located less than 50 feet from a street line.

**Webmasters Note: The previous sections, 62-1733(d) through 62-1761(2), have been amended as per Supplement No. 9.

(3) An accessory structure or building specifically permitted under another section of this chapter to be located within the yard areas required for the zoning district in which the property is located.

(4) Fences, signs and utility poles and lines, subject to the provisions of this chapter. (Code 1988, § 175-109)

Sec. 62-1762. Distance between buildings.

Any accessory building shall be located at least ten feet from any other building on the lot. In an industrial district, accessory buildings for the storage of materials and substances not permitted by Fire Underwriters' standards to be stored in the principal building shall be located not less than 50 feet from any lot line or other building. (Code 1988, § 175-110)

Sec. 62-1763. Height.

A.building accessory to a farm shall not exceed 30 feet in height. No other accessory building in a residential or mixed-use district shall exceed 16 feet in height. Accessory buildings in commercial and industrial districts shall not exceed the maximum height for principal buildings. (Code 1988, § 175-111)

Sec. 62-1764. Garages.

Garages accessory to a single-family dwelling shall not have a capacity for more than three motor vehicles and shall be connected by a driveway to the adjacent street. No single-family dwelling shall be erected unless provisions have been made for the construction of a garage on the same lot. (Code 1988, § 175-112)

Sec. 62-1765. Accessory buildings as part of principal buildings.

Accessory buildings may be erected as part of a principal building, provided that all yard requirements of this chapter are met. Accessory buildings can only be used in conjunction with the principal use. If the use of the accessory building is intended to be changed to a principal use, it must conform to the requirements of principal buildings and must receive site plan review approval. (Code 1988, § 175-113)

Sec. 62-1766. Construction prior to principal building restricted.

Notwithstanding any other section of this chapter, no building permit shall be granted for the construction of an accessory building for nonagricultural purposes until such time as a building permit shall have been granted for the construction of the main building upon the premises. If construction of the main building does not precede or take place coextensively with construction of the accessory building, the building inspector shall have cause to revoke the building permit for the accessory building. No certificate of occupancy shall be granted for the accessory building until a certificate of occupancy has been granted for the main building. (Code 1988, § 175-114)

Sec.62-1767. Minimum bulk standards for sheds, decks and pools for various dwelling unit types.

(a) The following minimum standards, except as otherwise specifically noted, shall apply for the construction of sheds, decks and pools according to the type of dwelling unit:

(1) Patio, atrium and offset dwellings. Minimum standards for patio, atrium and offset dwellings shall be as follows:

a. Sheds.

1. Side yard: three feet.

2. Rear yard: three feet.

3. Distance from other building: ten feet.

b. Decks.

1. Side yard: same as the principal building.

2. Rear yard: five feet.

3. Maximum height above grade: doorsill height, but in no case greater than 2 1/2 feet from grade level.

4. Roof. No permanent roof structure is permitted, nor shall the deck be enclosed.

c. Pools.

1. Side yard: 15 feet.

2. Rear yard: ten feet.

3. Distance from other building: five feet.

(2) Townhouse dwellings. Minimum standards for townhouse dwellings shall be as follows:

a. Sheds. No sheds shall be permitted except in conformity with approved site plan setbacks, in which case the standards shall be the same as set forth for patio, atrium and offset dwellings in subsection (a)(1) of this section.

b. Decks.

1. Side yard: three feet.

2. Rear yard: five feet.

3. Maximum height above grade: doorsill height, but in no case greater than 2 1/2 feet from grade level.

4. Roof. No permanent roof structure is permitted, nor shall the deck be enclosed.

c. Pools. No private pools shall be permitted.

(3) Single-family semidetached dwellings. Minimum standards for single family semidetached dwellings shall be as follows:

a. Sheds.

1. Side yard: three feet.

2. Rear yard: three feet.

3. Distance from other building: ten feet.

b. Decks.

1. Side yard: three feet.

2. Rear yard: three feet.

3. Maximum height above grade: doorsill height, but in no case greater than 2 1/2 feet from grade level.

4. Roof: No permanent roof structure is permitted, nor shall the deck be enclosed.

c. Pools.

1. Side yard: 15 feet.

2. Rear yard: ten feet.

3. Distance from other building: five feet.

(4) Single-family detached dwellings. Minimum standards for single-family detached dwellings shall be as follows:

a. Sheds.

1. Side yard: three feet.

2. Rear yard: three feet.

3. Distance from other building: ten feet.

b. Decks. Yard requirements shall be the same as for a principal building.

c. Pools.

1. Side yard: 15 feet.

2. Rear yard: ten feet.

3. Distance from other building: five feet.

(b) Miscellaneous. Miscellaneous requirements shall be as follows:

(1) Construction permit required. A construction permit is required for all accessory structures.

(2) Approval of homeowners' or condominium association. If the property is part of a homeowners' or condominium association, approval from the association must be submitted with the application for a construction permit.

(3) Determination of setbacks. Where no lot lines are used, the minimum lot size permitted shall be applied for determining setbacks. (Code 1988, § 175-114.1; Ord. No. 35-99, § VIII(175-114(A)(1)), 7-6-1999)

Secs. 62-1768-62-1790. Reserved.