§ 52-829. Accessory uses or structures.

(a)

Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

(b)

Placement restrictions in a residential district. An accessory use or structure in a residential district may be established subject to the following regulations:

(1)

Accessory building number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot.

(2)

Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

(3)

Detached accessory buildings.

a.

No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than 30 percent of the required buildable rear yard.

b.

Any accessory building, use or structure shall conform to the applicable regulations of the district in which it is located except as specifically otherwise provided herein, except that when an accessory building is located forward of the rear building line of the principal building it shall satisfy the same side yard requirements as the principal building.

c.

Any accessory building in a residential district which exceeds 12 feet by 12 feet, or in the case of a garage, 30 feet by 32 feet, shall first obtain a conditional use permit.

d.

No detached accessory building located in a required rear yard shall exceed 15 feet in height.

e.

No accessory building other than a garage in a residential district shall be erected in any yard except a rear yard, and all accessory buildings shall be located according to the setback requirements for a principal structure in that zoning district; except as provided in Subsection (h) of this section.

f.

When an accessory building is a part of the main building, or is substantially attached thereto or lies within ten feet of an exterior wall of the main building, the side yard and rear yard requirements for the main building shall be applied to the accessory buildings.

(c)

Use restrictions in a residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined herein and shall not be occupied as a dwelling unit.

(d)

Placement restrictions in a nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall not be nearer than ten feet to any side or rear lot line.

(e)

Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.

(f)

Temporary uses. Temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the Building Inspector/Zoning Administrator.

(g)

Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided as follows:

(1)

That such private garage shall be located not less than five feet from the front lot line;

(2)

That the floor level of such private garage shall be not more than one foot above the curb level; and

(3)

That at least one-half the height of such private garage shall be below the mean grade of the front yard.

(h)

Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

(i)

Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.

(j)

Retaining walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

(Code 1991, § 13-1-140)