§ 21-102. Accessory structures.

[1.

General requirements.] An accessory structure is a freestanding structure in the rear or side yard of any lot. One (1) or more accessory structures may be permitted on a development site, provided that the following requirements are met:

(a)

Accessory structures are storage sheds, pool service buildings, gazebos, bath houses, greenhouses, workshops and other clearly similar structures.

(b)

For the purposes of this Code, the following are accessory uses and are not regulated under this section, but are regulated separately, following this section, in section 21-103: swimming pools; antennas and satellite dishes; docks, piers and boathouses.

(c)

Accessory structures shall be a minimum of five (5) feet from any interior lot line. Accessory structures in a "zero lot line" development may be constructed to a zero foot setback in accordance with the requirements set forth by section 21-201, cluster/zero lot line development.

(d)

Accessory structures shall not be constructed prior to the principal structure.

(e)

All accessory structures shall comply with the Standard Building Code and all standards of this Code pertaining to the principal use.

(f)

Accessory structures shall not be located in a required landscape buffer; or within a public utility easement.

(g)

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

(h)

All accessory structures shall be shown on a site development plan when required under Article VII of this chapter.

(i)

Accessory structures may be plumbed for water hose connections, washing machine hookups and utility sinks.

(j)

Accessory structures shall not be served by an electrical meter separate from that of the principal use.

(k)

Except where otherwise provided, accessory structures shall be separated from each other and from the principal structure by no less than five (5) feet in all residential zoning districts and fifteen (15) feet in all commercial, professional, and industrial zoning districts.

(l)

No manufactured/mobile home, trailer, RV or vehicle of any kind shall be permitted as an accessory structure on any development site.

(m)

Accessory structures permitted in the manufactured home park zoning district shall be temporary additions adjacent to and attached to manufactured homes, including cabanas, carports, and storage units. They shall be of manufactured home type construction and not permanent, conventional type construction. The size of the additions shall not exceed the length, width or height of the manufactured home to which it is attached, and shall not encroach into any required yard or setback.

(n)

An accessory structure shall not be used as habitable living space unless it meets all requirements in the unified land development code as a guest house or garage apartment. This shall include setbacks, density, minimum floor space and all other requirements.

(o)

Nonconforming accessory structures shall not be reestablished if destroyed or if use is discontinued for ninety (90) consecutive days.

(p)

The maximum allowable square feet for a combination of all accessory structures varies for each zoning district. Refer to the table below:

Table of Accessory Structure Square Feet
Zoning District	Maximum Square Feet (s.f.)
RE, R-1	1,000 s.f.
R-2	750 s.f. or 50% of size of principle structure, whichever is less
R-3	750 s.f. or 50% of size of principle structure, whichever is less
R-4	Cumulative total of 750 s.f. or 50% of size of principle structure, whichever is less

 

[2.

Gas pumps and pump islands. ] Gas pumps and pump islands are accessory structures normally associated with convenience stores, automotive service businesses, truck stops and terminals, and businesses maintaining fleets of vehicles. The intent of this section is to set forth requirements for the location and appearance of gas pumps and pump islands. All new and substantially reconstructed facilities providing for the dispensing of fuels shall meet the following:

(a)

Gas pumps and pump islands shall be setback a minimum of twenty-five (25) feet from any property line. This distance is to be measured from the property line to the vertical support of the canopy, or if no canopy exists, to the gas pump or dispenser itself.

(b)

Pump island canopies may not extend more than twelve (12) feet horizontally beyond the vertical canopy supports.

(c)

Gas pumps or pump islands located between the principle building and an adjoining residentially zoned property shall require the placement of a six-foot wall between the gas pumps or pump island and the adjoining residentially zoned property.

(d)

Exterior lighting fixtures shall cast no glare beyond the property line.

(e)

Liquid fuels shall be stored in underground tanks. The design of these tanks shall meet all current standards established for the prevention of leaks and environmental contamination of groundwater supplies. Fuel tanks located in an industrial or institutional zoning district may be exempt from the requirement to be located underground. Where permitted, above ground fuel tanks shall be required to meet the same setback as a gas pump or pump island.

(f)

Displays on pump islands shall be limited to racks containing lubricating oil or other automotive fluids.

(g)

Advertising located on pump islands shall be limited to that signage which is permitted by Article IV of this Code. Identification signs and those advertisements not clearly visible from the street may be placed upon the pumps.

[3.

Carports and detached garages. ] Carports and detached garages are accessory structures typically used for the parking of motor vehicles, boats, or trailers. As accessory structures, carports and detached garages are subordinate to the principal structure located on a parcel.

(a)

All carports and detached garages shall be located to the side or rear of the front building line of the principal structure.

(b)

All carports and detached garages shall have a minimum setback from the side and rear property lines of five (5) feet. The minimum separation between the carport or detached garage from the principal structure shall be five (5) feet. Carports attached to the principal structure shall be considered part of the principal structure and subject to the setbacks for the principal structure for the zoning district in which it is located.

(c)

No carport or detached garage located in a RE or R-1 residential zoning district shall exceed one thousand (1,000) square feet in floor area, or seven hundred fifty (750) square feet in floor area in residential zoning districts R-2—R-4. Carports and detached garages exceeding seven hundred fifty (750) square feet may be approved by staff if they are in conjunction with a multifamily residential project containing twenty (20) or more dwelling units.

(d)

Carports and detached garages shall be constructed of wood, masonry, or metal, and designed by an engineer to withstand wind loads up to one hundred ten (110) miles per hour. A permit obtained from the building division shall be required prior to the commencement of construction.

(e)

Temporary carports constructed with canvas, vinyl, fiberglass, or plastic, and not attached to the ground via a permanent foundation approved by the building official, are prohibited. Existing temporary carports shall be removed by the property owner by July 1, 2005.

[4.

Accessory residential units.] Where permitted by table 21-32(A), accessory residential units such as garage apartments and caretaker's apartments/cottages shall meet the following criteria:

a.

The minimum living area for any accessory residential unit shall be four hundred (400) square feet.

(Ord. No. O-00-09, Art. 2 (2.06.01), 4-24-00; Ord. No. O-00-28, § 1(F), 10-2-00; Ord. No. O-01-05, § 1, 2-12-01; Ord. No. O-04-76, § 1, 1-10-05; Ord. No. O-10-36, § 3, 9-13-10; Ord. No. O-13-28, §§ 3(Exh. C), 4(Exh. D), 10-14-13)