§ 113-240. Accessory buildings and structures.

(a)

Time of construction. No accessory building shall be constructed on a lot prior to the time of construction of the principal building or land use to which it is accessory.

(b)

Proximity to principal building. An accessory building shall be considered as an integral part of the principal building if it is located less than 12 feet from the principal building with respect to firewall and other requirements of the building code.

(c)

Garage restrictions. Garages in a residential district must be set back at least five feet from an interior side or rear lot line unless:

(1)

The garage meets all of the following:

a.

Is located on an alley, and is accessed from the alley or from a public street abutting an alley on a corner lot;

b.

Is located in the rear 28 feet of the lot; and

c.

Is oriented such that the vehicular access door is perpendicular to the alley; or

(2)

The garage meets all of the following:

a.

Is detached from the principal structure;

b.

Is accessed from a driveway off of a public street, not an alley;

c.

Is replacing an existing garage that is located less than five feet from the side lot line; and

d.

Is located a minimum of five feet to the rear of the principal structure on the nearest adjoining property that is closed to the garage; or is located at least ten feet from any portion of the principal structure on the nearest adjoining property; or

(3)

The garage meets all of the following:

a.

Is detached from the principal structure;

b.

Is accessed off an alley;

c.

Is replacing an existing garage that is located less than five feet from the side lot line; and

d.

Is located in the rear 30 feet of the lot.

(d)

Garage locations; conditional.

(1)

If all the conditions of subsection (c)(1) of this section are met, the garage can be located not less than one foot from an interior side or rear lot line.

(2)

If all of the conditions of subsection (c)(2) of this section are met, the garage can be located at the same side yard setback as the existing garage that is being replaced, except that the new garage shall not be located less than two feet from the side lot line. The replacement garage does not have to be in the same location as the existing garage.

(3)

If all of the conditions of subsection (c)(3) of this section are met, the replacement garage can be located at the same side yard setback as the existing garage, except the garage shall not be located less than two feet from the side lot line.

(e)

Yard setbacks; building locations. The corner side yard setback for accessory buildings, including garages, shall adhere to the setback requirement for principal buildings as described in section 113-174(e)(2) (20 percent of the lot width). The rear yard and interior side yard setbacks shall be those required for garages and accessory buildings on interior lots. Lots smaller than 75 feet wide shall have a minimum corner side yard setback requirement of not less than fifteen feet. Garages on these lots may be located closer than 15 feet from the corner side lot line if the vehicular access door does not face the side street. In no case shall a garage or other accessory building be located within the corner side yard.

(f)

Height limitations. No accessory building in a residential district shall exceed the height of the principal building. No detached garage in a residential district shall exceed:

(1)

A maximum of 18 feet in height from grade to peak if the roof has a pitch that is four feet (horizontal) to one foot (vertical) or greater.

(2)

A maximum of 12 feet in height from grade to peak if the roof has a pitch that is less than four feet (horizontal) to one foot (vertical).

(g)

Building location in certain districts. Accessory buildings in the business and industry districts shall be located any place to the rear of the principal building, subject to the building code, and the fire zone regulations.

(h)

Prohibited location. No detached garages or other accessory buildings shall be located nearer to the front lot line than the principal building on that lot with the exception of an attached garage in an R-1 zone.

(i)

Height limitation in certain districts. No accessory building in a business or industrial district shall exceed the height of the principal building except by conditional use permit.

(j)

Yard setbacks and building location in certain districts. An accessory building in the business or industrial districts may be located within the rear yard setback, provided that the lot is not a through lot and said accessory building does not occupy more than 25 percent of the required rear yard. An accessory building shall be a part of the principal building if it is located less than 12 feet from the principal building. No accessory building shall be located less than ten feet from a rear lot line.

(k)

Standards for utility structures. Utility structures and other similar buildings shall conform to the following standards in residential districts:

(1)

All structures 120 square feet or larger shall require a building permit.

(2)

All such structures shall be secure from wind displacement.

(3)

The area of such buildings shall not be less than 35 square feet. Only one such building shall be permitted per lot and permitted only within the single-family districts.

(4)

The height of detached utility structures shall not exceed 12 feet. If attached, the structure shall not exceed the height of the principal building.

(5)

Exterior colors or materials matching the principal structure or earthen tones shall be utilized. No door or other access opening in a utility structure shall exceed 28 square feet in area.

(l)

Compost structure requirements. One accessory structure for compost not to cover more than 25 square feet in area and five feet in height in the rear yard. A compost structure must meet the setback requirements in section 113-240(e).

(m)

Garage conversion requirements. When an attached garage is converted to dwelling space, a replacement garage of the same or greater size must be constructed on the property. Furthermore, the existing driveway leading to the converted garage must be replaced with grass or approved landscaping materials unless the driveway provides access to the new garage. The curb cut provided to such a driveway may be removed by the city in the event the street curbs and gutters are rebuilt.

(n)

Street access for alley property. No property located on an alley shall be permitted a new curb cut for street access.

(o)

Prohibited use. No accessory building or structure shall be used for living purposes or as a dwelling unit.

(p)

Detached accessory building conditions. Detached accessory buildings shall not occupy more than 40 percent of the area of a required rear yard, and shall not exceed a total of 1,000 square feet.

(q)

Minimum distance between buildings. The minimum distance between the principal building and an unattached accessory building shall be five feet.

(r)

Minimum setback. The minimum setback from the rear lot line of a through lot shall be 30 feet.

(s)

Tents. A tent is not an approved accessory building and may not be used as a dwelling unit on any lot.

(t)

Detached garage condition. Detached garages in a residential district must be located entirely within the rear 30 feet of the lot if there is an adjacent alley.

(Code 1993, § 9-2.04; Ord. No. 0-89-12, 7-26-1989; Ord. No. 0-89-16, 11-8-1989; Ord. No. 0-90-1, 1-10-1990; Ord. No. 0-90-8, 8-22-1990; Ord. No. 0-91-13, § 1, 11-27-1991; Ord. No. 0-95-07, §§ 1—3, 10-11-1995; Ord. No. 0-96-01, § 1, 2-28-1996; Ord. No. 98-04, § 1, 6-24-1998; Ord. No. 0-99-10, § 1, 12-15-1999; Ord. No. 01-02, § 1, 10-10-2001)