§ 52-40. Accessory buildings.
(a)
An accessory building not exceeding one (1) story in height may occupy not more than sixty (60) percent of a minimum required rear yard. An accessory building exceeding one (1) story in height may not occupy more than forty (40) percent of a minimum required rear yard.
(b)
An accessory building attached to the main building shall be made structurally a part of and have a common wall with the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building.
(c)
Unless attached to the main building, an accessory building in an "R" district shall be located on or behind the required front building line at least ten (10) feet from any dwelling building exising or under construction on the same lot or any adjacent lot, except swimming pools, which may be located nearer than ten (10) feet from any dwelling building existing as long as the excavation of the swimming pool does not in any way harm or endanger any existing building.
(d)
No accessory building in an "R" district shall be located nearer than five (5) feet to any rear or side lot line. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side. A garage or patio cover, attached to or detached from the main building, may be located not nearer that five (5) feet to any rear or side lot line. Any detached accessory building in an "R" district with an area of two thousand (2,000) square feet or more, as provided for in this section, shall be located a minimum of twenty (20) feet from any rear or side lot line; all other requirements of this section (for example, relating to maximum height and setbacks) shall apply to any detached accessory building in an "R" district with an area of two thousand (2,000) square feet or more.
(e)
A detached garage in an "R" district may not exceed a maximum of seven hundred (700) square feet and one (1) story in height. A detached garage may not be constructed with a metal exterior.
(f)
Maximum footprint.
(1)
The footprint of any detached accessroy building in an "R" district other than a detached garage shall not exceed a maximum of twenty-five (25) percent of the footprint of the main building or two hundred fifty (250) square feet, whichever is greater.
(2)
In-ground swimming pools, hot tubs, spas, swimming pool equipment enclosures, retaining walls, decks, and flatwork associated with a swimming pool, hot tub, or spa shall not be counted toward the maximum area allowed.
(3)
subsection (f)(1) shall not apply to lots or tracts of one-half (½) acre or larger.
(g)
Maximum number.
(1)
Not more than two (2) detached accessory buildings other than a detached garage may be placed on a lot or tract in an "R" district.
(2)
The combined footprint of all such accessory buildings shall not exceed a maximum of twenty-five (25) percent of the footprint of the main building or two hundred fifty (250) square feet, whichever is greater.
(3)
Detached accessory buildings with no dimension greater that six (6) feet shall not count toward the maximum number of buildings allowed, but shall count toward the maximum area allowed.
(4)
In-ground swimming pools, hot tubs, spas, swimming pool equipment enclosures, retaining walls, decks, and flatwork associated with a swimming pool, hot tub, or spa shall not be counted toward the maximum area allowed.
(5)
Subsections (g)(1) and (2) shall not apply to lots or tracts of one-half (½) acre or larger.
(h)
The height of any detached accessory building other than a detached garage in an "R" district may not exceed a maximum of ten (10) feet to the highest point of the roof with a minimum side and rear yard setback of five (5) feet. The maximum height may be increased by one (1) additional foot for each one (1) additional foot of side and rear setback to no more than twenty (20) feet with a minimum side and rear setback of fifteen (15) feet.
(i)
Any detached accessory building of one hundred fifty (150) square feet or larger in an "R" district shall be constructed with commonly-used residential building materials that constitute a finished, weather-proof exterior in accordance with the building code including, but not limited to, masonry, veneer, stucco, durable all-weather stone, and wood, vinyl or cementitious siding, but specifically excluding any type or metal exterior. A greenhouse in an "R" district may be constructed of glass or other transparent or translucent glazing material in accordance with the building code.
(j)
Any detached accessory building in an "R" district shall not have a utility meter of any type separate from the main building.
(k)
Any detached accessory building in an "R" district shall not be used for dwelling accommodations or business use.
(l)
Carports on properties zoned R-40, R-15, R-10, R-7.5, R-6, R-6A, R-ZLa, R-ZL, R-PH, R-3.5, R-SFA, R-2.5, R-XF, or any site plan zoning or development plan for R-40, R-15, R-10, R-7.5, R-6, R-6A, R-ZLa, R-ZL, R-PH, R-3.5, R-SFA, R-2.5, or R-XF uses shall meet the following requirements. For purposes of this section, carport shall mean a structure used to offer limited protection to vehicles, primarily cars, from the elements. The structure can either be free standing or attached to another building, and typically, but not necessarily, does not permit a vehicle to pass through it. A carport most commonly has no walls, but may be attached to the wall of an adjacent dwelling.
(1)
Carports that do not encroach into required front, rear, and side yard setbacks shall meet the following requirements:
a.
The carport design shall be consistent with the design of the existing dwelling, including the use of matching trim and roof materials and colors. Carports attached to the front or side of the existing dwelling shall be incorporated into the architecture of the dwelling with compatible roof pitches, surrounds for the support posts, and enclosed gables. Building permit applications for carports shall include detailed elevation drawings and other illustrations showing how the carport is consistent with the design of the existing dwelling.
b.
The carport, including carport roof overhang, shall be no nearer than three (3) feet from the side or rear property line;
c.
A detached carport may be located nearer than ten (10) feet to any dwelling building;
d.
The carport shall be used solely for the parking of not more than two (2) vehicles, and not for any other purpose including storage of any type;
e.
The entire area beneath the roof of the carport shall be paved with concrete or asphalt within at least two (2) feet of the edge of the roof;
f.
The driveway leading to the carport shall be paved with concrete or asphalt;
g.
The carport may not overhang or intrude into any type of public utility or drainage easement;
h.
The height of the lowest eave line of the carport shall not exceed ten (10) feet or be higher than the lowest eave of the residence, whichever is lower, provided that the carport eave shall not be lower than seven (7) feet.
i.
Carports shall have a gutter system or drainage design that drains toward the street or the nearest drainage facility. Rainwater shall not drain onto adjacent property.
(2)
Carports that are proposed to be constructed to encroach into any required front, side or rear building setback, or that would require an exception to the design requirements set forth in subsection (1), may be permitted upon such carport being approved as an S-P-2 (generalized) site plan district under section 52-32(b) of this ordinance. In addition to the requirements of section 52-32(b), the site plan shall include detailed elevation drawings of the proposed carport including building materials, roofing materials, support materials, and illustrations showing how the carport will be consistent with the design of the existing dwelling.
(3)
Carports that are constructed after October 16, 2008, without a building permit or zoning approval, if applicable, shall be required to be demolished prior to applying for a zoning change to authorize the carport. If a property owner does not wish to demolish a carport constructed without zoning authorization, the property owner may request a waiver of the demolition requirement and approval to retain the carport through the generalized site plan (S-P-2) zoning process along with an additional fee of one hundred dollars ($100.00) in addition to the required zoning application fee.
(m)
In a manufactured home community, an accessory building shall be located at least five (5) feet from any mobile home or HUD-code manufactured home, provided, however, that an accessory building may be located within eight (8) inches of the mobile home or HUD-code manufactured home which it serves. It shall be an affirmative defense to prosecution under this subsection that both the accessory structure and the mobile home or HUD-code manufactured home were in place on October 26, 2000, and have not been moved since that date.
(n)
A building permit issued for an accessory building allowed pursuant to this section shall be valid for a period of three (3) months from the date of issuance. The building official shall be authorized to extend this initial three-month period for one (1) additional three-month period after a determination that the property complies with all city ordinances.
(Ord. No. 1830, § 1, 9-18-69; Ord. No. 2117, § 3, 5-13-71; Ord. No. 6371, § 3, 1-20-94; Ord. No. 7740, § 2, 11-9-00; Ord. No. 8055, § 4, 9-19-02; Ord. No. 2008-8970, § 18, 7-10-08; Ord. No. 2008-9006, § 3, 10-16-08; Ord. No. 2013-9495, § 1, 10-17-13; Ord. No. 2015-9664, § 1, 2-19-15)