Chapter 1
Accessory Structures and Fences

Accessory buildings and structures shall comply with the requirements established for each zoning district in Article 2, Chapter 3 along with the following requirements:

4.101 General Standards Applicable to All Accessory Structures.

A.    Principal Building Required. Accessory structures or buildings may only be constructed on a lot that contains a principal building. No accessory structure or building may be constructed on a lot that does not have a principal building.

B.    Appearance. The exterior facade materials and architectural design of all accessory structures shall match the character of the use to which they are accessory. The overall appearance of the structure shall be in accordance with the purpose of the district where it is located.

C.    Temporary Accessory Structures. Temporary accessory structures that do not require permanent attachment to the ground but have similar characteristics as an accessory structure such as moveable carports shall comply with the setback requirements for detached accessory structures.

D.    Accessory Structures in Residential and C-O Districts.

1.    Swimming pool or other recreational equipment shall be located in rear or side yards, except that such equipment shall have a setback equal to that required for a principal building in a side street yard on a corner lot having an abutting interior lot along its side street.

2.    Communication facilities, mechanical equipment and other similar incidental equipment may be located within the rear or side yards and shall be setback at least 15’ from any side lot line except that such equipment shall have a setback equal to that required for a principal building in a side street yard on a corner lot having an abutting interior lot along its side street.

E.    Maximum Number of Accessory Structures. The maximum number of accessory structures located on any residentially zoned lot shall not exceed two structures and the allowable square footage outlined in each zoning district.

(Ord. No. 2291, § 1(F), 6-27-13)

4.102 Attached Decks.

A.    The outer perimeter of a an attached deck may extend up to 20 feet from the main building, but in no case may be located closer than 15 feet to a rear property line or 5 feet to a side property line.

B.    The surface of any attached deck that extends more than 8 feet from the face of the building to which it is attached may not be higher than the first floor elevation of the principal structure.

4.103 Fences or Walls.

A.    Residential Districts. Fences are permitted in residential and C-O districts as follows:

1.    Height requirements.

a.    Front or Side Street Yards. In any R-1 and R-2 district, decorative, non-opaque fences such as wood picket fences or wrought iron-appearing fences not exceeding four feet in height measured above immediate ground level are permitted in front yard.

b.    Rear or Interior Side Yards. Decorative or concealing or opaque type fences or walls not exceeding six feet in height above immediate ground level are permitted in side or rear yards.

2.    Location. Fences may be located in any required or non-required yard.

3.    Materials. Barbed wire and other similar hazardous materials are prohibited in residential districts.

B.    Industrial Districts. Fences are permitted in the M-1, M-2, and IP-1 districts as follows:

1.    Front Yards. Decorative fences not exceeding three feet in height are allowed within the required front yard.

2.    Rear and Side Yards. Walls or fences not exceeding eight feet in height are permitted in side yards, rear yards and non-required front yards.

C.    Mixed Use Districts. Fences are permitted in the mixed use districts as follows:

1.    Front Yards. Decorative fences not exceeding three feet in height are allowed within the front yard (except as provided in subsection (C)(3) of this section).

2.    Rear and Side Yards. Walls or fences up to six feet in height are permitted in side and rear yards. All fences in mixed use districts shall be decorative in nature, and barbed wire and other hazardous materials are prohibited.

3.    Building Facade Wall Plane. Maximum height for fences between the building wall plane and the street is six feet.

D.    General Requirements. All fences shall comply with the following general requirements:

1.    Materials.

a.    In and Near Residential Districts. Materials used for fences and walls located within 200 feet of a residential district shall consist of wood, brick, masonry, wire mesh, metal bars not exceeding one and one-half inches in diameter or other durable and weather-resistant materials which may be approved by the building official.

b.    Screening Walls. Any wall used for screening purposes shall be constructed of masonry material (e.g., brick, decorative stone) that is architecturally compatible with the materials used on the facade of the principal structure on the site. Concrete block may only be used for screening walls in the rear yard.

2.    Maintenance. Walls and fences shall be maintained in good condition. Rotten, crumbled, or broken components shall be replaced, repaired, or removed. As required, surfaces shall be painted, stained, or similarly treated so as to prolong the life of the structure.

3.    Prohibited Obstructions.

a.    Clear Vision Area. Fences shall not be erected within the public right-of-way or in any corner clear vision area as described in Section 2.303.

b.    Obstruction of Adjacent Uses Prohibited. No wall or fence may be erected where it would prevent or unreasonably obstruct the use of any adjacent parcel, nor shall a wall or fence be erected where it would prevent or unreasonably obstruct the safe use of an existing driveway or other means of access to any adjacent parcel. In enforcing this provision, the City may require a wall or fence to be set back a minimum distance from a driveway or property line.

4.    Orientation of finished side. Where a fence has a single finished or decorative side, it shall be oriented to face outward towards adjacent parcels or street rights-of-way (away from the interior of the lot to which the fence is associated).

5.    Site drainage and utilities. Fences shall not be erected in a manner that obstructs the free flow of surface water or causes damage to underground utilities.

6.    Location. Fences shall be located completely within the boundaries of the lot to which they are associated, or on a common property line with the written and notarized consent of adjacent property owners.

7.    Removal of illegal or damaged fences. Damaged or illegal fences shall be immediately repaired or removed by the property owner. Upon identification of a damaged or illegal fence, the building official shall order the property owner to remove such fences or make necessary repairs within 20 days.

    If the property owner fails to take such actions within 20 days, the City may act to remove such fences at the expense of the property owner. The City may then place a lien on the property, adding necessary removal expenses to the tax bill for the property.

(Ord. No. 2291, § 1(G), 6-27-13)