§ 10.4. Accessory buildings and uses.
10.401
Detached carport and accessory buildings.(a)
Front yard. Carports, garages, and accessory buildings are not allowed in front yards.
(b)
Side yards. Every projection of the accessory structure shall be at least three feet from the side lot lines. Accessory buildings shall not encroach into servitudes or easements unless written permission is granted from those persons, corporations, agencies, or governmental agencies having rights to the servitude or easement.
(c)
Rear yards. Every projection of the accessory structure shall be at least five feet from the rear lot line. Accessory buildings shall not encroach into servitudes or easements unless written permission is granted from those persons, corporations, agencies, or governmental agencies having rights to the servitude or easement.
(d)
An accessory building shall not exceed 16 feet in height and shall not occupy more than 25 percent of the rear yard.
(e)
A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the accessory building is to be located shall be submitted with the required building permit application.
(f)
Building permits shall be required for all accessory buildings; however, a permit fee shall not be charged for a detached accessory building having less than 100 square feet of area unless such structure will have plumbing or electricity.
(g)
Snowball stands not exceeding 250 square feet in area shall be permitted in C-2, C-3, C-4, or C-6 zoning districts upon any conforming or nonconforming lot, development site, or parcel, provided that they conform with the following regulations:
(1)
The structure shall not encroach upon any required planting areas.
(2)
All such structures shall be setback at least ten feet from any lot line that abuts a public street right-of-way.
(3)
Off-street parking shall not be required; however, if provided, it may be surfaced with shells rather than a hard surface.
(4)
Any building used to house a snowball business that does not meet the requirements of sections 4.2, 4.220, 2.2209, 2.2210, 2.2211, 2.2513, 2.2514, and 2.2515 of the zoning ordinance shall be considered temporary in nature and shall not be occupied or used for purpose between October 15th and March 15th.
(5)
Any snowball stand that is permitted by this section may not be used to sell any item other than snowballs and ice cream items.
(6)
The only signs permitted are those that will be attached to the building provided that they do not violate the applicable sections of the sign ordinance.
10.401.1
Attached carport and accessory buildings.(a)
Attached carports, garages, and accessory buildings and uses shall meet the required front yard, side yard, and rear yard setbacks of the zoning district in which they are located.
(b)
A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the accessory building is to be located shall be submitted with the required building permit application.
10.402
Swimming pools. The following setback requirements shall apply to swimming pools:(a)
Front yard. Swimming pools are not allowed in front yards.
(b)
Side yards. The inside wall of the swimming pool shall not be closer than five feet from a side lot line. Pools shall not encroach into servitudes or easements unless permission is granted from owner or lessee of the servitude or easement.
(c)
Rear yards. The inside wall of the swimming pool shall not be closer than five feet from any lot line. Pools shall not encroach into servitudes or easements unless permission is granted from owner or lessee of the servitude or easement.
10.403
Communications, television and radio antenna or towers and satellite dishes.(a)
Communications, television and radio antennas or towers including satellite dish antennas and supporting structures servicing only the occupants of the lot where the structure is located are permitted uses in residentially zoned districts in side and rear yard areas and rooftops, provided that they conform with the following criteria:
(1)
Any antenna or tower structure exceeding ten feet in height, or dish antenna having a diameter exceeding four feet shall be prohibited from being mounted on any roof. These regulations shall not prohibit the practice of anchoring a freestanding tower or structure adjacent to a building.
(2)
No freestanding television or radio antenna or tower shall exceed a height of 45 feet from the top of the foundation of the principal structure on the lot where installed except this restriction shall not apply to radio towers for licensed amateur radio stations, for which a building permit has been obtained, or to a church duly incorporated as a nonprofit tax exempt corporation provided that its towers or antennas shall not exceed 115 feet, and have a set back of 1½ times the height of the tower from any residential lot line.
(3)
All antenna structures and satellite dishes, including their anchorage and similar supportive structures, shall be at least three feet from any side lot line and five feet from a rear lot line, except that support anchors may extend across lot lines where the owner of the tower has secured a valid easement/servitude for placement of anchoring structures on adjacent property and where such anchoring devices do not encroach upon or over public rights-of-way and/or public utility or drainage easements.
(4)
A dish antenna exceeding four feet in diameter shall not exceed an overall height of 20 feet from the ground around the base of the dish. Dishes less than four feet in diameter may project to a maximum height of 45 feet.
(5)
Building permits shall not be required for antenna structures less than ten feet in height or dish antennas having a diameter less than four feet. A building permit shall be required but no fee charged for antenna structures between ten and 20 feet in height or dish antennas between four feet and 12 feet in diameter. A building permit and fees shall be charged for any structure exceeding 20 feet in height or any dish antenna exceeding 12 feet in diameter. Roof-mounted structures shall be firmly secured to the roof and meet wind resistance standards.
(6)
An application for a building permit must include construction specifications; a plot plan showing the location of the proposed structure, except when such structure is mounted on a roof and an approved structural analysis, when it is deemed necessary by the building official. Manufacturer's specifications may be accepted for premanufactured structures.
(7)
Satellite antennas measuring four feet or less in diameter may be attached to the main structure in the rear, side and front yard or may be free standing in the rear or side yard. No antenna may be attached to any tree.
(b)
Communications, television and radio antennas or towers for commercial use or providing service to users beyond the lot where the structure is installed are permitted uses in commercial and industrial zoned districts in rear and side yard areas, provided that they conform with the following criteria:
(1)
No structure may extend beyond the lot line or encroach upon or extend over any required landscape areas or buffer zone, except that support anchors may extend across lot lines where the owner of the tower has secured a valid easement/servitude for placement of anchoring structures on adjacent property and where such anchoring devices do not encroach upon or over public rights-of-way and/or public utility or drainage easements.
(2)
All installations shall conform with section 10.403(a)(5) and (a)(6).
(3)
Where these regulations conflict with applicable FCC regulations, the FCC regulations shall prevail.
(c)
Where this ordinance conflicts with any other section of the zoning ordinance, this ordinance shall prevail.
(Ord. No. 1494, 3-23-1982; Ord. No. 1518, 6-22-1982; Ord. No. 2016, 10-14-1986; Ord. No. 2019, 10-28-1986; Ord. No. 2108, 5-26-1987; Ord. No. 2116, 7-28-1987; Ord. No. 2136, 9-22-1987; Ord. No. 2164, 2-23-1988; Ord. No. 3172, 3-9-2004)