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Section 1206.03    Accessory Uses/Structures

Permitted uses and approved conditional uses shall be deemed to include accessory uses, structures,
and activities that are necessarily and customarily incidental and subordinate to the principal uses
allowed in the zoning district, unless specifically prohibited. Accessory uses, structures, and
activities shall be subject to the following regulations in addition to the same regulations that apply
to principal uses in each district.

  1. Residential Accessory Uses
    Residential uses shall include the following accessory uses, activities, and structures:
    1. Accessory dwelling units only in District 4 and District 5 when incidental to
      a principal single-family detached residential use and subject to the following
      conditions:
      1. Accessory dwellings shall consist of living quarters integrated within
        single-family dwellings, or those located in detached accessory
        buildings, such as carriage houses or garages, that are located on the
        same lot as the single family dwelling.
      2. Accessory dwellings shall be at least 500 square feet in total gross
        floor area, but no more than 850 square feet in gross floor area, and
        shall contain at least 2 rooms and private sanitary facilities with hot
        and cold running water, and cooking and food storage facilities
      3. For the purposes of calculating residential density, each accessory
        dwelling shall count as one-half dwelling unit.
      4. There shall not be more than one accessory dwelling on a lot in
        addition to the principal single-family dwelling.
      5. A permitted accessory dwelling unit shall comply with all other
        applicable site and building design, height, access, and other
        standards for principal dwelling units in the zoning district in which
        the accessory dwelling will be located.

    2. Antennas that are designed to receive television broadcast signals, provided
      they comply with Sections 1207.15 and 1207.16.

    3. Barns

    4. Composting, subject to the following conditions:
      1. Such use is not conducted as a business, or as accessory to a business
      2. The materials to be composted must originate on the same property as
        the location of the principal building for which it serves;
      3. The composting site shall be maintained in a safe, sanitary, neat, and
        orderly fashion to prohibit the spread of disease vectors, rodents, and
        insects, and minimize odors;
      4. The composting pile or structure shall permit proper aeration of the
        composted material;
      5. The compost pile or structure shall not be located in any front yard or
        any side yard of a lot;
      6. Access to the composting structure shall not face any adjacent
        property or street;
      7. All composting structures shall be screened and/or buffered from
        adjacent properties by natural materials or by fencing; and
      8. No composting structure shall exceed four (4) feet in height.

    5. Fences and walls, residential, subject to Section 1207.04 of this Code;
      The maximum height at any point shall not exceed four (4) feet above the
      elevation of the surface of the ground at such point, except as may be allowed
      by (B)(C) and (D) below.
      1. To the rear of the main mass of the principal structure, the maximum
        height shall not exceed at any point six (6) feet above the elevation of
        the surface of the ground; except that on a corner lot, abutting in the
        rear the side lot line of another lot, fences, walls and hedges greater
        than four (4) feet in height may not be located forward of the adjacent
        lot's front building line or required setback if undeveloped. No
        fences, walls or hedges shall be permitted which constitute a visual
        obstruction hazardous to persons using the street or sidewalks.

      2.  Arbors, attached to a fence, shall not exceed ten (10) feet in height.

      3. No hedges or other types of growing plants or shrubs exceeding thirty
        (30) inches in height, except deciduous trees, shall be planted within
        the street right of way.

      4. A subdivision entrance wall(s) shall be permitted a the entrance(s) to
        a subdivision. The wall(s) shall not exceed eight (8) feet in height at
        any point, shall average not more than six (6) feet in height over its
        entire length and regardless of the number of sections, the entire
        length of said structure(s) shall not exceed seventy (70) feet at each
        entrance. Lights, if any, mounted on top of the wall(s) may be up to
        two (2) feet in height. Wall(s) shall be located so as to not restrict
        visibility from any driveway and shall be at least two (2) feet in
        distance from the street lines. Wall(s) may include piers that are up
        to fifty percent (50%) wider than the rest of the wall(s). Wall(s) may
        be of constant or variable height, may be curved or straight.

      5. Fences and walls are subject to Section 1207.04 of this Code when
        required as Landscaping/Buffering.

    6. Garages, carports, and off-street parking areas used to serve the residents of
      the property, provided that the height of a garage or carport serving a singlefamily
      dwelling unit shall not exceed 25 feet. A garage or carport may be detached from
      or attached to the principal structure, provided it complies with all applicable zone
      district regulations.

    7. Gates and guard houses;

    8. Guest houses or guest rooms, neither of which may include kitchen facilities,
      provided such guest houses or guest rooms are used for the housing of guests
      or resident employees of the occupants of the principal dwelling and
      provided such facilities are not used as rental units;

    9. Home occupations, subject to Section 1206.03(e) below;

    10. Horses in District 1, District 2, District 3, and District 10, provided that there
      shall be a minimum lot area of 2 acres and at least one acre per horse.
      Domestic/household pets are permitted in all districts;

    11. Playhouses, patios, cabanas, porches, gazebos, and incidental household
      storage buildings, provided that the height of such structures shall not exceed
      16 feet and provided that no storage building shall exceed two-hundred (200)
      square feet in gross floor area;

    12. On-premise signs subject to the standards set forth in Section 1207.17 of this
      Code;

    13. Private recreational and play facilities for use of the residents of the property
      and their guests, provided that:
      1. No outdoor lighting shall be erected to light private tennis courts;
      2. The height of any recreational or play facility shall not exceed 12
        feet; and
      3. All swimming pools shall be subject to the restrictions set forth in
        Section 1206.03(f) below;

    14. Private greenhouses, not for commercial purposes;

    15. Satellite dish antennas 39 inches (1 meter) or less in diameter, provided that
      to the maximum extent feasible, such satellite dish antenna shall be located in
      the rear yard of the residential use;

    16. Solar energy systems:
      1. Placement:  A Solar Energy Systems-Panel located on the pitched roof
        of a residential structure may not extend above the peak of the roof 
        or beyond the outside edges of the roof line.   Panels greater than six (6)
        inches in height may not be located on a flat roof of any structure
        unless they are screened or are not visible from the public view.  Within
        the Historic District, a Solar Energy Systems-Panel shall not be located
        on the roof or wall facing the front lot line, and on a corner lot shall not
        be located on the roof or wall facing the side lot line facing the street
        that is not designated as the "front".
      2. Height:  A Solar Energy Systems-Freestanding Solar Array shall not exceed
        16 feet in height from the ground to the highest point of the supporting
        structure or Panels, whichever is taller.
      3. Setbacks:  A Solar Energy Systems-Freestanding Solar Array shall not be
        located closer than 15 feet to the side and rear property lines, or on a
        corner lot, the setback for the street side not designated a "front" shall
        conform to the zoning district setback requirements.
      4. Yard Area:  A Solar Energy Systems-Freestanding Solar Array shall be
        located only in the rear yard and shall not occupy more than thirty percent
        (30%) of the rear yard.
      5. Exemption:  Any Solar Energy System attached or located on the roof or
        wall of a building that does not project more than six (6) inches from that
        surface is exempt from obtaining a Zoning Certificate, except for:  1)  A
        Solar Energy Systems installed in the Historic District; or 2)  A Solar
        energy Systems located on the roof or wall facing the front lot line on a
        corner lot on the roof or wall facing side lot line facing the street that is not
        designated as the "front".

    17. Storage or parking of trucks, cars, or major recreational equipment, including
      but not limited to boats, boat trailers, camping trailers, motorized homes, and
      house trailers, subject to the restrictions set forth in Section 1206.03(g)
      below.

  2. Nonresidential Accessory Uses
    Commercial, retail, and industrial uses shall include the following accessory uses,
    activities, and structures:
    1. Antennas that are designed to receive television broadcast signals provided
      they comply with Sections 1207.15 and 1207.16 of this Code;

    2. Automated teller machine (ATM) located inside the structure housing the
      principal use;

    3. Cafeteria, dining halls, and similar food services when operated primarily for
      the convenience of employees, clients, customers, or visitors to the principal
      use;

    4. Dwelling units, other than mobile homes, when used to house security or
      maintenance employees or personnel;

    5. Fences and walls, subject to Section 1207.04 of this Code:
      1. The maximum height at any point shall not exceed four (4) feet above
        the elevation of the surface of the ground at such point, except as may
        be allowed by (B) (C) and (D) below:
      2. Commercial fences and walls may, in any required rear or side yard,
        exceed four (4) feet but shall not exceed at any point eight (8) feet in
        height above the elevation of the surface of the ground at such point,
        provided that on a corner lot, abutting in the rear the side lot line of
        another lot, no fence or wall greater than four (4) feet in height may
        be located forward of the adjacent lots minimum front yard setback.
        No hedges, fences or walls shall be permitted which constitute a
        visual obstruction hazardous to persons using the street or sidewalks.
      3. No hedges or other types of growing plants or shrubs exceeding thirty
        (30) inches in height, except deciduous trees, shall be planted within
        the street right of way.
      4. A subdivision entrance wall(s) shall be permitted at the entrance(s) to
        a subdivision. The wall(s) shall not exceed eight (8) feet in height at
        any point, shall average not more than six (6) feet in height over its
        entire length and regardless of the number of sections, the entire
        length of said structure(s) shall not exceed seventy (70) feet at each
        entrance. Lights, if any, mounted on top of the wall(s) may be up to
        two (2) feet in height. Wall(s) shall be located so as to not restrict
        visibility from any driveway and shall be at least two (2) feet in
        distance from the street lines. Wall(s) may include piers that are up
        to fifty percent (50%) wider than the rest of the wall(s). Wall(s) may
        be of constant or variable height, may be curved or straight.

    6. Gates and guard houses;

    7. Heliports as an accessory use to hospital uses only;

    8. As accessory uses to golf courses or indoor recreational facilities only,
      clubhouses including space for the sale of golf or other sporting equipment,
      food, and refreshments.

    9. On-premises signs, subject to the standards set forth in Section 1207.17 of
      this Code;

    10. Outdoor serving areas for a restaurant, however in all districts except District
      5, outdoor serving areas within two hundred (200) feet of a residential use
      requires Conditional Use approval.

    11. Parking garages and off-street parking areas for employees, customers, and
      guests;

    12. Private recreational facilities for use by employees and guests, subject to the
      standards set forth in Section 1206.03(f) for swimming pools;

    13. Restaurants, bars, news stands, gift shops, clubs, and lounges when inside the
      principal building containing a permitted lodging use;

    14. Swimming pools and tennis courts located on the same parcel of a permitted
      lodging use, subject to the standards set forth in Section 1206.03(f) for
      swimming pools;

    15. Retail sales of goods as part of permitted industrial and warehouse activities,
      subject to the following conditions:
      1. All retail sales shall be conducted within the same structure housing
        the principal industrial or warehouse use, and no outdoor retail sales
        activity shall be allowed;
      2. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.;
      3. Items for sale shall either be manufactured by the principal use or
        part of the principal warehouse=s stock;
      4. Maximum gross floor area of the accessory retail use shall be either
        ten (10) percent of the total gross floor area of the principal use or
        five-thousand (5,000) square feet, whichever is less; and
      5. Parking for the retail accessory use is provided in accordance with
        the off-street parking standards for retail uses as set forth in Section
        1207.12 of this Code.

    16. Retail sales as an accessory use to artisan and photography studios, provided
      the works of art or photographs for sale shall be work product from the
      principal studio use;

    17. Satellite dish antennas that are 78 inches (2 meters) or less in diameter,
      provided that, to the maximum extent feasible, the satellite dish antenna is
      located to the rear of the principal building and is screened from view; and

    18. Storage of merchandise and non-hazardous materials when located in the
      same building as the principal use.

    19. Oil and Gas Exploration and Extraction, subject to the following conditions:
      1. The use shall demonstrate compliance with the special development
        standards set forth in Section 1207.19 of this Code and with the
        standards set forth in Chapter 838 of the City's codified ordinances.
      2. Drilling, storage and tank batteries are located at least 300 feet or
        more from lot lines of adjoining properties and are to be opaquely
        screened so as not to be visible from adjoining properties.

    20. Solar Energy Systems:

 A.   Placement:  A Solar Energy Systems-Panel located on the pitched
roof of a nonresidential structure may not extend above the peak  of the
roof or beyond the outside edges of the roof line.  Panels greater than six (6)
inches in height may not be located on the flat roof of any structure unless
they are screened or are not visible from the public view.  Within the Historic
District, Solar Energy Systems-Panel shall not be located on the roof or wall
facing the front lot line, and on a corner lot shall not be located on the roof or
wall facing the side lot line facing the street that is not designated as the "front".

B.    Height:  A Solar Energy Systems-Freestanding Solar Array shall not exceed
16 feet in height from the ground to the highest point of the supporting structure
or Panels, whichever is taller.

C.    Setbacks:  A Solar Energy Systems-Freestnading Solar Array shall not be
located closer than 25 feet to the side and rear property lines.  Freestanding
Solar Arrays shall be no closer than 100 feet from the lot line of any property
that is zoned to permit a residential use.

D.    Yard Area:  A Solar Energy Systems-Freestanding Solar Array shall be
located only in the rear yard and shall not occupy more than thirty percent
(30%) of the rear yard.

E.    Exemption:  Any Solar Energy System attached or located on the roof or
wall of a building that does not project more than six (6) inches from that
surface of the roof or wall is exempt from obtaining a Zoning Certificate, except
for:  1)  Solar Energy Systems installed in the Historic District; or 2) Solar
Energy Systems locatd on the roof or wall facing the front lot line or on a corner
lot on the roof or wall facing the side lot line facing the street that is not
designated as the "front"

c.       Accessory Use Regulations In the Historic District
          Accessory use of contemporary (modern) appurtenances, including but not limited to
          free-standing air conditioning units, trash receptacles, basketball hoops, antennas,
          and children's play equipment, shall conform to the following requirements:
          1.     All contemporary appurtenances shall be located in a rear yard so as to lessen
                  their visibility from a public street or other public area.
          2.    All antennas shall be located in the following order of preference:
                 A.     In a rear or side yard so as not to be visible from a street or other
                          public area, or
                 B.      In an area adequately screened so that the antenna is not visible from
                           a street or other public area and where such screening conforms to all
                           the requirements of this Code.
          3.    All contemporary appurtenances must comply with the applicable provisions
                 of the City Building and Housing Code and the Fire Prevention Code.

      d.       Accessory Use Development and Operational Standards
               The following standards shall apply to all accessory uses and structures:

                 1.     Front Setback
                         No accessory use, structure, or activity, except for permitted fences or walls
                         shall be located or take place within a front yard.

                 2.     Rear Setback
                        An accessory structure shall not be required to comply with the rear
                         setback/yard requirement for the principal use. Except for permitted fences
                         or walls erected on a property line and except as otherwise expressly allowed
                         by the applicable zone district regulations, accessory structures shall be set
                         back from rear and side lot lines and shall not be closer than the applicable
                         minimum rear and side yard setback.

                 3.     Side Setbacks
                         No accessory structure shall be located within a side yard, except for
                         permitted fences or walls and on corner lots the majority of the floor area of
                         any accessory structure shall not be located within a side yard.

                 4.     Setbacks from Easements
                         No accessory structure shall be located within any platted or recorded
                         easement or over any known utility, without the written permission obtained
                         from the easement holder of utility owner.

                  5.    Maximum Building or Structure Size
                         Except as otherwise expressly limited or allowed in this section, and except
                         for accessory recreational facilities including swimming pools, buildings and
                         structures accessory to residential uses shall not be larger than 1,000 square
                         feet of gross floor area. Maximum size of a barn shall be 10,000 square feet
                        of gross floor area for an agricultural use.

                  6 .  Maximum Number of Accessory Buildings
                        On any lot 2.5 acres or less, the maximum number of accessory buildings
                        shall be three (3).

                  7.    Height
                         Except for television antennas and as otherwise expressly limited or allowed,
                         no accessory structure shall exceed sixteen (16) feet in height.

                  8.    Dwelling Unit Prohibited
                         Except as otherwise expressly allowed, no dwelling unit shall be located in
                         any accessory structure or building.

                   9.   Outdoor Storage of Equipment
                         Except as otherwise expressly limited or allowed in this section, the outdoor
                         storage of construction, landscape, or other similar equipment is not
                         permitted in any residential district.

     e.      Home Occupations
              Home occupations shall be allowed as an accessory use in all Districts,
              subject to the following conditions:
              1.   Permit
                    A.     No home occupation shall be conducted until an application for a
                             home occupation permit is reviewed and approved by the City
                             Manager according to the standards set forth herein.

                    B.      A home occupation permit shall be issued only to a resident of the
                              dwelling unit in which the home occupation is to be conducted. If the
                              resident rents the dwelling unit, the resident shall provide evidence of
                              written permission from the dwelling unit=s owner as part of the
                              permit application.
                    C.      Home occupation permits shall not be transferable and shall not run
                              with the land. All home occupation permits shall expire upon the
                              sale, transfer, or lease of the property to a new owner or tenant.
              2.    Size
                     Home occupations shall not occupy more than 25 percent of the total gross
                     floor area of the principal dwelling unit.

               3.   Operational Standards
                     A.     All activities associated with the home occupation shall be conducted
                              within the principal dwelling or an accessory structure. No outside
                              activity or operations shall be permitted.
                     B.     No equipment shall be used that creates a nuisance due to noise, odor,
                              glare, vibrations, or electrical interference.
                     C.     Home occupations shall be subject to the Performance Standards,
                              including noise standards, set forth in Section 1207.10 of this Code.
                     D.    Home occupations shall be subject to the provisions and standards set
                              forth in Section 1207.11, "Adequate Public Facilities."

              4.     Outdoor Storage and Exterior Appearances
                      A.    No changes in the exterior appearance of the dwelling to
                              accommodate the home occupation shall be allowed.
                      B.    No outdoor storage of materials or equipment in conjunction with the
                              home occupation shall be permitted.
                      C.    All equipment, supplies, stock material and trailers used for
                              landscaping, lawn maintenance or related businesses shall be parked
                              or stored only within enclosed buildings separated by fifty (50) feet
                              from any property line of a residentially zoned lot.

               5.     Employees
                       Not more than one (1) person who is not a resident of the dwelling unit may
                       be employed in the home occupation.

               6.     Parking
                       A.    A home occupation shall provide additional off-street parking area
                                adequate to accommodate all needs created by the home occupation, 
                                but in no case shall provide more than (2) additional off-street parking
                                spaces.
                       B.     Required off-street parking to serve a home occupation shall not be
                                permitted in the front yard of the dwelling, other than in a driveway
                       C.     To the maximum extent feasible, side yard areas shall not be
                                converted to off-street parking areas to serve a home occupation.
         
                7.     Personal and Professional Services
                        Personal and professional services shall be provided on an appointment-only
                        basis.

                 8.    Prohibited Home Occupations as Accessory Uses
                        The following uses and activities shall not be permitted or conducted as a
                         home occupation:
                         A.     Bed and breakfast inns;
                         B.     Funeral homes;
                         C.     Lodging;
                         D.     Restaurants;
                         E.     Retail sales and services;
                         F.     Vehicle or equipment sales, rental, or repair; or
                         G.     Veterinary facilities and/or small animal clinics or kennels.

f.     Swimming Pools
       Swimming pools, including spas, may be allowed as an accessory use subject to the
       following conditions:

       1.     Placement: Swimming pools shall be placed only in a rear yard. On
               residential lots, the pool shall be placed no closer than 15 feet to the side or
               rear lot line. On corner residential lots, the pool shall be no closer that 50
               feet to the side lot line.
       2.     Height: No swimming pool shall have a height above grade greater than 52
               inches (as measured at a distance of six (6) inches from the side of the pool).
               The height of any pool appurtenances shall not be greater than 3 feet above
                the top of the pool. The combined height above the ground of any swimming
                pool plus appurtenances shall not exceed 6 feet at any point.
        3.     Enclosure/Fencing:
                A.     All swimming pools shall be completely surrounded by a fence or
                         wall not less than four feet in height (measured from finished grade
                         level), which shall be so constructed as not to have openings, holes,
                         or gaps larger than four (4) inches wide except for doors and gates. A
                         principal or accessory building may be used as part of such enclosure.
                B.     All gates or doors opening through such enclosure shall be equipped
                        with a self-closing and self-latching device for keeping the gate or
                        door securely closed at all times when not in actual use, except that
                        the door of any dwelling or accessory building which forms a part of
                        the enclosure need not be so equipped
                 C.    A portable spa may be secured by the use of a rigid safety cover with
                         a locked top, in lieu of a fence or wall. A portable spa is defined as a
                         non-permanent structure intended for recreational bathing, for which
                         all controls, water heating, and water circulating equipment are an
                         integral part of the product.
        4.       Screening: All swimming pools shall be screened by material of sufficient
                  density to obscure its view from adjacent dwellings and/or public streets.
                  Screening shall be placed no closer to the side of the pool than 72 inches.

         5.      Illumination: All illumination for the pool or surrounding area must be
                  directed entirely onto the pool area and must not shine onto adjacent
                  properties or streets. (See Section 1207.14, "Exterior Lighting.")

         6.      Drainage: Discharge of any water from a swimming pool shall be onto the
                  property where the pool is located or into the nearest storm sewer. The
                  discharge shall not flow onto, through, or otherwise affect adjacent
                  properties.

          7.     Other Regulations: The construction and operation of swimming pools shall
                  meet all other applicable county and state regulations.

g.     Parking of Trucks, Mobile Homes, Recreational Vehicles and Equipment, and Cars.
     
  1.     The parking or storage of inoperable, abandoned, or unlicensed vehicles is
                prohibited outdoors in all districts. See Section 1207.12(g). The parking,
                storage or placement of mobile homes is prohibited in all districts, except by
                permission of City Council pursuant to Section 1206.04(b)(4).

        2.     No truck shall be parked overnight or stored in any district, except for
                Districts 6 and 8, unless in an enclosed structure. No truck or bus shall be
                parked during daylight hours in any district, except Districts 6 and 8, unless
                for deliveries.

        3.     Recreational vehicles and equipment shall not be parked or stored on a lot in
                any zone district for more than three (3) calendar days in any calendar month,
                regardless of the actual length of time that the recreational vehicle or
                equipment is parked or stored on the lot in any one calendar day. The parking
                or storage shall only be for the purpose of cleaning, loading and repairing
                such recreational vehicle or equipment before or after it has been used.

         4.     Recreational vehicles and equipment, shall have no fixed connections to
                 electricity, water, gas or sanitary sewer facilities, nor shall they be used for
                 dwelling, business, or commercial purposes or for any accessory uses in any
                 zone district.

         5.     Recreational vehicles and equipment may be parked or stored in any zone
                 district within an enclosed structure or, if parked or stored outside all of the
                 following requirements shall be satisfied:
                 A.     The vehicle or equipment may be parked no closer to the street than
                          the front wall of the dwelling. On a corner lot this restriction applies
                          to the distance from the side street also. Bufferyard C, as defined in
                          Section 1207.04 of this Code shall be installed.

                 B.     Not more than one recreational vehicle or one piece of recreational
                          equipment per premises may be so parked.

                 C.     Screening material of sufficient density to obscure recreational
                          vehicles and equipment from adjacent dwelling and/or public or
                          private streets shall be provided.

                 D.     The vehicle or equipment shall be parked no closer than three (3) feet
                          from any property line.

         6.     Parking of any recreational vehicles and equipment, shall only be allowed in
                 the side or rear yards of a lot on which exists a single-family or duplex
                 dwelling.

         7.     Parking of more than one (1) recreational vehicle or one (1) piece of
                 recreational equipment and/or more than five (5) cars in any yard area of a lot
                 on which exists a single-family or duplex dwelling shall be prohibited.