Chapter 9-70


9-70.010    Purpose and intent.

9-70.020    Applicability.

9-70.030    Accessory structures.

9-70.040    Standards.

9-70.050    Detached garages and carports.

9-70.060    Patio covers, awnings, and gazebos.

9-70.070    Pools and spas.

9-70.080    Small sheds and storage structures.

9-70.090    Game courts and play equipment.

9-70.100    Guest houses.

9-70.110    Fire pits and fixed freestanding barbecues.

9-70.010 Purpose and intent.

The purpose of this chapter is to provide regulations related to accessory structures. (Ord. 98-8 § 2 (part): prior code § 9-53.010)

9-70.020 Applicability.

The regulations provided herein shall apply to all zones. (Ord. 98-8 § 2 (part): prior code § 9-53.020)

9-70.030 Accessory structures.

Accessory structures, as referenced here, relate to any structure which is attached to, or detached from, the primary structure but is located upon the same lot or parcel as the primary structure.

Detached accessory structures are those that have a minimum of thirty (30) inches of clear open space between themselves and the main structure. Accessory structures may be above or below ground. (Ord. 98-8 § 2 (part): prior code § 9-53.030)

9-70.040 Standards.

Except as otherwise provided by this code the following standards shall apply to all accessory structures:

A.    When attached to a main structure, accessory structures shall comply with setbacks for a main building;

B.    Except as provided herein, detached accessory structures shall meet requirements for setbacks for a main building;

C.    Accessory structures shall comply with the design regulations of this code;

D.    Detached accessory structures shall not be located:

1.    In any ultimate right-of-way,

2.    Within the front fifty (50) feet of any lot or the front one-half of any building site whichever is less, or

3.    Within the panhandle portion of a flag lot;

E.    Accessory structures shall comply with height limits of the zone in which they are constructed;

F.    Accessory structures, whether attached or detached, shall not cause a violation of the building coverage limitations on the lot where constructed. (Ord. 98-8 § 2 (part): prior code § 9-53.040)

9-70.050 Detached garages and carports.

Placement, access and location of detached garages, and carports shall be as follows:

A.    Detached garages, and carports may be constructed within the required side or rear setback area provided that not less than three feet of clear space be maintained between the structure wall and property line. Roof overhang shall not exceed twelve (12) inches.

B.    Detached garages or carports facing an alley, shall be set back from the property line such that the setback in conjunction with the width of the alley creates an aisle way area of not less than twenty-four (24) feet.

Detached garages or carports shall not exceed fifteen (15) feet in height. (Ord. 98-8 § 2 (part): prior code § 9-53.050)

9-70.060 Patio covers, awnings, and gazebos.

Construction of patio covers, patio awnings and gazebos shall comply with the following standards.

A.    These structures may be erected within the required side yard or rear yard provided that the clear space between the structure and the property line shall not be less than three feet on the side and ten feet in the rear.

B.    If located within a required side yard or rear yard setback, the height of the structure shall not exceed fifteen (15) feet from finished grade.

C.    The combined total rear setback encroachment and coverage for these structures shall not exceed twenty-five (25) percent of the required rear yard setback area.

D.    None of these structures shall be enclosed by solid materials including transparent or opaque. (Ord. 98-8 § 2 (part): prior code § 9-53.060)

9-70.070 Pools and spas.

Pools and spas shall be permitted subject to the following standards.

A.    Pools and/or spas shall be located so that the water edge to property line distance is not less than three feet.

B.    Pools and/or spas may not be located in the front set back of the front yard.

C.    Heaters, blowers, and filter equipment shall not be closer than five feet to a property line and shall not be closer than twenty-five (25) feet to the closest opening in an abutting residential unit on an abutting lot. Minor Deviations from the equipment setback requirement may be considered by the Community Development Director if: (1) a sound attenuated screen wall is provided around the equipment limiting the noise level to forty-five (45) dBA at the property line; and (2) the applicant provides a letter of support from the potentially affected neighboring property owner(s), including telephone number.

D.    Pools and/or spas shall not be closer than five feet to the residential unit they are accessory to. (Ord. 98-8 § 2 (part): prior code § 9-53.070)

9-70.080 Small sheds and storage structures.

A.    Small sheds, and storage structures, regardless of size, shall not be closer than three feet to a property line.

B.    Such structures shall only be permitted within the rear yard portion of a property.

C.    Structures shall not exceed fifteen (15) feet in height. (Ord. 98-8 § 2 (part): prior code § 9-53.080)

9-70.090 Game courts and play equipment.

Game courts and play equipment shall be permitted subject to the following limitations.

A.    Game courts and play equipment shall not be located in the required front yard or side yard of a residential property.

B.    Game courts and play equipment shall not be located closer than three feet to a property line.

C.    Fences, other than property line fences, used to surround the game court shall not exceed fifteen (15) feet in height. (Ord. 98-8 § 2 (part): prior code § 9-53.090)

9-70.100 Guest houses.

Guest houses are permitted subject to all setback and lot coverage limitations of the zoning district in which constructed. Additionally, the following standards shall apply:

A.    A guest house shall not contain more than four-hundred (400) square feet and may include a bedroom, bathroom, and sitting area.

B.    A guest house shall not contain a kitchen.

C.    A guest house shall be constructed in similar design, materials, and finishes to the main structure. (Ord. 98-8 § 2 (part): prior code § 9-53.100)

9-70.110 Fire pits and fixed freestanding barbecues.

The location of outdoor fire/barbecue pits and fixed freestanding barbecues shall not be located within three feet of any side or rear property line, nor within the required front yard setback. (Ord. 98-8 § 2 (part): prior code § 9-53.110)