§ 7.09.01. Accessory structures and buildings.

A.

Fences, walls, and hedges. Notwithstanding other provisions of this Code, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard; provided, that no fence, wall, or hedge shall constitute obstruction to visibility within the Clear visibility triangle described in section 7.03.03E. of this article.

B.

Definition of accessory structures and buildings. Accessory structures and buildings are of a nature customarily incidental and subordinate to the principal use or structure of a property and, unless otherwise provided, on the same premises. Generally, structures or buildings not originally intended or constructed for a proposed or intended accessory use, such as shipping containers, portable classrooms, office or construction trailers, manufactured homes, mobile homes and the like, shall not be considered an accessory structure or building and shall not be permitted or authorized in any district as an accessory structure or building. This provision shall not be construed to prohibit the temporary placement of portable classrooms and office or construction trailers in accordance with provisions for temporary uses, nor shall it be construed to prohibit the permanent placement of such structures or buildings when constructed or installed as a permitted principal use in accordance with this Code and the applicable district.

C.

Location, number and size of accessory structures and buildings. In residential districts, and in agriculture districts where a lot or parcel is less than five acres in area, accessory buildings shall:

1.

Not be located in front or side yards but may be located in rear yards not less than ten feet of the rear lot line; provided, however that

a.

Accessory structures for housing of persons, such as guest houses, shall not be located in any required yard;

b.

A detached garage may be not be located in a front yard but may be located in a side or rear yard;

c.

An accessory structure may be located in a side or front yard when the structure is set back at least 200 feet from the front property line.

In residential districts on double frontage lots, through lots or corner lots, accessory structures shall not be located in either of the required front yards, but may be located in one but not both side yards. In all other districts no separate accessory building shall be located within six feet of any other building.

2.

Not exceed two such accessory buildings for each currently permitted residential lot or site.

3.

In a residential single-fam (RSF) zone, residential (RM) zone, residential general (RG) zone, residential mobile home (RMH) zone, or in an agriculture district where a lot or parcel is less than five acres in area, the total combined square footage of all accessory buildings shall not exceed 100 percent of the square footage of the principal residential structure. In a residential single-fam-estate (RSF-E) zone, the total combined square footage of all accessory buildings shall not exceed 150 percent of the square footage of the principal residential structure. In a rural residential (RR) zone, the total combined square footage of all accessory buildings shall not exceed 200 percent of the square footage of the principal residential structure. See appendix B and article II for definition of each zone.

4.

In agriculture districts where a lot or parcel is less than five acres in area, and on all lots or parcels in any residential zoning district, outdoor cages excluding kennels for domestic cats or dogs shall not exceed three and one-half feet in height. All outdoor cages including kennels for domestic cats or dogs shall not be located in front or side yards but may be located in a rear yard, shall be set back at least 25 feet from any property line except the setback from any property line shall be at least 50 feet for parcels two and one-half acres or larger in area; and shall not be considered as one of the permitted accessory buildings, provided, however, that there shall be no more than two outdoor cages or kennels per lot or parcel.

5.

In agriculture districts where a lot or parcel is less than five acres in area, and any lot or parcel in any residential zoning district that is developed with a one or two family residence and that is less than four acres in area, dumpsters are prohibited except in association with permitted construction activity, temporary clean up activities or other similar and temporary activities. On lots or parcels in any residential zoning district developed with a one or two family residence and that is four acres or more in area, dumpsters may be placed provided they are not in a front yard, shall not encroach into required side or rear yards, and shall be screened from any adjoining street and from adjoining properties.

D.

Miscellaneous structures.

1.

School bus shelters and bicycle racks may be located in any district. District setbacks are waived.

2.

Telephone booths may be located in any district. District setbacks are waived.

3.

Mail (and newspaper) delivery boxes may be placed in accord with the U.S. Post Office Regulations, and are exempt from district setbacks.

(Ord. No. 2002-04, § 1(Exh. A), 9-26-02; Ord. No. 2005-12,§ 2(Exh. A), 7-28-05)