Sec 18 Accessory Uses and BldgsSECTION 18
DI IRI ICI%w Ihoff 110=11 IftffPQnPFQTY1R1CZuTcMwMff_nF_1A1NWffAv ACCESSORY USES AND BUILDINGS
Section
20-18-1: Purgo......
20-18-2: Accessory Uses and Buildings
20-18-3: Outdoor Storage
20-18-4: Waste and Recycling Containers
20-18-5: Swimming Pools
20-18-6: Sales in Residential and Agricultural Zoning Districts
20-18-1: PURPOSE: The purpose of this Section is to provide performance standards for
the erection, siting and use of accessory buildings, structures and uses that may be allowed
within the various zoning districts to ensure compatibility with the principal use and with
surrounding properties, as well as to protect the general health, safety and welfare of the
community.
20-18-2: ACCESSORY USES AND BUILDINGS:
A. Time of Construction: No detached accessory building or structure shall be
constructed on any lot prior to the time of construction of the principal building to
which it is accessory.
AB. Exceptions:
Accessory buildings used for agricultural purposes as
defined by this Chapter are exempt from the area limits,
height limits and building type and construction standards of this
subsection and are regulated by Section 25 of this Chapter.
E'�i
2 Q% IVINn�u L..f IW%.IniW Accessory buildings, uses, and equipment within the RH-1
District shall be as regulated �thon- + r,rn"i�innQ of Section 68
of this Chapter.
�C. Detached Single Family and Two Family Uses:
1. No accessory use, building, structure or equipment shall be allowed within
a required front yard. and, with the exception of an attached garage, no
accessory building, V
I may be placed within a
front yard within the R -C, R-1, R-22 R-3, R -4A, R-4, R-5, R-6 and R-7
Districts_
2. No accessory building, structure, and/or detached garage for a single
family dwelling shall occupy more than ten (10) percent of the area of the
required rear yard in the A-1, A-2, R -C, R-1, R-2 and R-3 Zoning Districts
or not more than twenty-five (25) percent of the area of the required rear
yard in the R -4A, R-4, R-57 R-6, and R-7 Zoning Districts.
3. Setbacks and Encroachment:
a. Attached accessory structures shall conform to principal
building setbacks required for the zoning district in which the
structure is located.
b. Detached accessory structures may encroach into required
side or rear yard setbacks when located in the rear yard of
the lot, but shall not encroach into the required setback for a
yard abutting a public street of a corner lot:
(1) Detached accessory structures not exceeding one
hundred fifty (150) square feet in gross floor area
shall be setback at least five (5) feet from side or rear
lot lines abutting other lots or ten (10) feet from a rear
lot line abutting a public right-of-way in the case of a
through lot.
(2) Detached accessory structures with a gross floor area
larger than one hundred fifty (150) square feet shall
be setback at least ten (10) feet from side or rear lot
lines abutting other lots or twenty (20) feet from a rear
lot line abutting a public right-of-way in the case of a
through lot.
C. No accessory structure shall be located within a required
buffer yard, drainage and utility easement or public right-of-
way.
18-2
4. Attached Accessory Garages.
a. The minimum floor area of an attached garage shall be four
hundred eighty (480) square feet.
b. The maximum floor area of an attached garage shall be one
thousand (1,000) square feet, except as provided for by Section 20-
16-4.B.4.c of this Chapter.
C. Within the A-1, R -C, R-1, and R-2 Districts, the floor area of an
attached garage may exceed one thousand (1,000) square feet
provided that the maximum floor area does not exceed one
thousand five hundred (1,500) square feet or sixty-five (65) percent
of the building footprint of the principal dwelling (not including the
area of the attached garage), whichever is less.
5. Detached accessory buildings and structures within the A-1 and A-2
Zoning Districts:
a. The total floor area allowed for all detached accessory structures
shall be as follows:
Lot Area
Maximum Total Floor Area
of All Detached Accessory
Structures
1.00 ac. or smaller
1,000 square feet
1.01 ac. to 2.00 ac.
1,500 square feet
2.01 ac. to 3.00 ac.
2,000 square feet
3.01 ac. to 4.00 ac.
2,500 square feet
4.01 ac. to 5.00 ac.
3,000 square feet
5.01 ac. to 6.00 ac.
3,500 square feet
6.01 ac. to 7.00 ac.
4,000 square feet
7.01 ac. to 8.00 ac.
4,500 square feet
8.01 ac. to 9.00 ac.
5,000 square feet
9.01 ac. to 10.00 ac.
5,500 square feet
10.01 ac. and larger
6,000 square feet
b. For parcels located within the sewer service district or long range
urban service area or those parcels with an area of five (5) acres or
less:
18-3
(1) In no case shall the floor area of an individual detached
accessory building exceed one thousand five hundred
(1,500) square feet for parcels with an area of five acres or
less.
(2) The total floor area of all accessory structures shall not
exceed two hundred (200) percent of the gross floor area of
the principal structure, or shall not exceed the maximum
combined accessory area allowed based upon lot size, as
outlined in this section, whichever is least.
C. There is to be no more than two (2) detached private garages or
accessory structures for each single family dwelling.
6. Detached accessory buildings and structures within the R -C, R-1, R-2,
and R-3 Zoning Districts:
a. The total floor area allowed for all detached accessory buildings
shall be as follows:
Lot Area
Maximum Total Floor Area of All
Detached Accessory Structures
0.00 to 1.00 ac.
1,000 square feet
1.01 to 2.00 ac.
1,500 square feet
2.01 ac. or larger
2,000 square feet
b. In no case shall the floor area of an individual detached accessory
building exceed one thousand five hundred (1,500) square feet.
C. The total floor area of all accessory structures shall not exceed two
hundred (200) percent of the gross floor area of the principal
structure, or shall not exceed the maximum combined accessory
area allowed based upon lot size as outlined in this section,
whichever is least.
d. There is to be no more than two (2) detached private garages or
accessory structures for each detached single or two-family
dwelling.
7. Within the R -4A and R-4 Zoning Districts:
a. The combined gross floor area of attached and detached
accessory buildings shall be as follows:
E']
Lot Area
Maximum Total Floor
Maximum Gross Floor
Area of all Attached
Area of a Detached
and Detached
Accessory Structure
Accessory Structures
When an Attached
Garage Exists on the
Same Lot
0.00 to 15,000
1,150 square feet
150 square feet
square feet
15,001 square feet to
1,220 square feet
220 square feet
18,000 square feet
18,001 square feet or
1,360 square feet
360 square feet
larger
b. In no case shall the floor area of an individual detached accessory
building exceed one thousand (1,000) square feet.
C. There shall be no more than one (1) detached accessory structure
with a gross floor area larger than one hundred fifty (150) square
feet per lot.
Within the R-5, R-6, and R-7 Zoning Districts:
a. No accessory detached building shall occupy more than one
hundred fifty (150) square feet when accompanied by an
attached garage on the same lot, nor shall the combined
total floor area of accessory detached structures and/or an
attached garage exceed one thousand one hundred fifty
(1,150) square feet.
b. There shall be no more than one (1) detached accessory
structure with a gross floor area larger than one hundred fifty
(150) square feet per lot.
GD. Except as was otherwise noted, accessory buildings and uses for all principal
uses other than single family detached dwellings shall conform to the setback
requirements specified for the respective zoning district in which they are located.
DE. Except in the case of single family detached dwellings, accessory buildings shall
not exceed thirty (30) percent of the gross floor area of the principal buildings. In
those cases where this standard is exceeded, a planned unit development
conditional use permit shall be required.
18-5
F.
G.
Except as expressly allowed by conditional use permit, accessory buildings shall
comply with the following height limitations:
1. Zoning
District Maximum Height
A-1
District limit but not higher than the principal building
A-2
District limit but not higher than the principal building
R -C
16 feet
R-1
16 feet
R-2
16 feet
R-3
16 feet
R -4A
16 feet
R-4
16 feet
R-5
16 feet
R-6
16 feet
R-7
16 feet
R -B
16 feet
INS
District limit but not higher than the principal building
B-1
16 feet
B-2
16 feet
B-3
16 feet
B -W
20 feet
B -C
District limit but not higher than the principal building
1-1
District limit but not higher than the principal building
1-2
District limit but not higher than the principal building
1-3
District limit but not higher than the principal building
2. Accessory buildings other than garages shall be limited to ten (10) feet in
height on all two-family, q adramir,ii .m or townhouse or multiple
family lots, except by conditional use permit.
Building Type and Standards.
1. Except for public uses owned by the City of Otsego or as may be
expressly allowed by this Chapter or by conditional use permit subject to
Section 20-�-4--E18-2.H of this Chapter, the same or suitable quality
exterior finish building materials used for the principal building and allowed
by Section 20-17-43 of this Chapter shall be used in all accessory
buildings over one hundred fifty (150) square feet.
2. The design of all accessory buildings shall be compatible with that of the
principal building on the lot. "Compatible" means that the exterior
appearance of the accessory building is similar to the principal building
from an aesthetic, building material and architectural standpoint so as not
to cause a difference to a degree to cause an incongruity or a nuisance.
• •
The City shall also give consideration to the function of the accessory
building when evaluating its compatibility with the design of the principal
building for the purposes of this section.
3. Pole buildings as defined by this Chapter are allowed as a permitted
accessory structure within the A-1 and A-2 District provided that:
a. The lot or parcel lies within the Rural Service Area or Urban Service
1 Q�����eExpansion Area, as defined by the Comprehensive
Plan.
b. The lot or parcel on which the building is to be constructed has an
area of five (5) acres or greater.
1H. Conditional Use Permits. Application for a conditional use permit under this
Section shall be regulated by Section 4 of this Chapter. c, ,�,h annCl;+;nnAl , ,moo
and may be granted provided that:
1. There is a demonstrated need and potential for continued use of the
structure and the purpose stated.
2. In the case of residential uses, no commercial or home occupation
activities, except as expressly permitted by and in accordance with this
Chapter, are conducted on the property. This restriction shall include the
storage of materials and equipment which are unrelated to the on-site
residential use and activity.
3. The building has an evident re -use or function related to the principal use.
4. Accessory building shall be maintained in a manner that is compatible with
the adjacent uses and does not present a hazard to public health, safety
and general welfare.
20-18-3:O 01
UTDOOR STORAGE:
A. ResidentialUses: Except as provided in this Chapter, all outside
storage of materials and equipment for residential uses tex^llON= f=rns shall
be stored within a building or fully screened so as not to be visible from adjoining
properties and the public right-of-way, except for the following:
18-7
1. Clothes lines pole and wire.
2. Not more than two (2) currently licensed recreational vehicles, trailers and
equipment (not including racing cars) provided that:
a. In the front yard, provided the recreational vehicles and equipment
are located on an established driveway, entirely on the equipment
or vehicle owner's property and not upon any public right-of-way.
b. In the side yard only when abutting an attached or detached
garage, provided that:
11 The recreational vehicles and equipment are not closer than
five (5) feet from the side lot line.
(2) The area on which the recreational vehicles and equipment
are stored shall be surfaced with asphalt, concrete or paving
hrir_k
3) The recreational vehicles and eauiament shall not be within
the setback required from a public right of way for the side
and of a corner lot, except for a side yard when abutting a
major collector or arterial street and then may not encroach
into a required buffervard.
C. In the rear yard not closer than ten (10) feet from the rear lot line
and/or five feet (5) feet from the side lot lines and then may not
encroach into a required buffervard.
3. Off-street parking of currently registered and operable passenger vehicles
as in accordance with Section 21 of this Chapter.
-34. Construction and landscaping material currently being used on the
premises.
5. Lawn furniture or furniture used and constructed explicitly for outdoor use.
6. Rear or side yard exterior storage of firewood for the purpose of
consumption only by the person or persons on whose property it is stored.
B. Other Uses. Outdoor storage for non-residential uses shall be subject to the
requirements established within the respective zoning districts in which the use is
located.
20-18-4: 0 Ilk 110M QrP! MR AND, WASTE AND RECYCLING CONTAINTERS:
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GGRWSirlo1 ro1 rlool ro1 fi i6o G ii ink And czhAll ho diizMnizod nf. Except as provided for by this
section, all waste and recycling containers shall be stored within the principal
structure or within an accessory building or enclosure.
B. Single Family Residential Uses: Exterior storage of waste and recycling
containers not stored within the principal structure shall be located in side or rear
yards and shall be setback a minimum of five (5) feet from all property lines.
2C. Other Uses: All refuse, recyclable materials, and necessary handling equipment
including but not limited to ��rh��o ^���, waste and recycling containers
AndHi ,�,r�tes chAll he not stored within the principal structure;or within an
accessory buildings shall be totally screened from view from all
neighboring uses and the public right-of-way within an enclosure subject to the
following conditions:
a1. Exterior wall or fence treatment shall be similar and/or complement the
principal building.
2. The enclosed trash and/or recycling receptacle area shall be located in the
rear or side yard and shall observe all applicable setback requirements
and shall not encroach upon any drainage and utility easements.
�3. The trash and/or recycling enclosure must be in an accessible location for
pick-up hauling vehicles.
d4. The trash and/or recycling receptacles must be fully screened from view of
adjacent properties and the public right-of-way by a solid fence or wall of
at least six (6) feet in height mrd � minim, im nr»rvi ior�o�� of immoh+li (2n)
�5 . All ZI
, waste and recycl i n g
containers and enclosures shall be kept in a good state of repair with tight-
fitting lids to prevent spilling and spread of debris.
6. The design and construction of all +r waste and recycling enclosures
shall homor Q+r r,r1 rrJ-Q tQQt hliQhor1 hit +ho CCW R' iilrJina (lffinipl Pnd P11
r.1%.1 r-,%.Ilrlo-Qirrr,r- pnd nnr,iz�a+inn of izi inhonnlnct iron Thr ll be subject to #h -e
imicionn
NZI N..'F 1 1 IWI%-41' review and approval of the Zoning Adminstrator.
20-18-5: SWIMMING POOLS:
A. All above or below ground swimming pools shall be subject to the setback
requirements for accessory structures established by Section 20-18-2 of this
Chapter.
B. Administrative Permit. An administrative permit shall be required for all
swimming pools that causes or has the capacity to retain water with a depth
greater than thirty (30) inches as defined by Section 20-2-2 of this Chapter that
do not require a building permit. Each application for an administrative permit to
construct or erect a swimming pool shall be accompanied by plans of sufficient
detail to show:
1. The proposed location and its relationship to the other buildings and
structures on the lot.
2. The size of the pool.
3. Fencing and other fixtures existing on the lot including utility locations and
trees.
4. The location, size and types of equipment to be used in connection with
the pool, including but not limited to, filter unit, pump, fencing and the pool
itself.
5. A plan for drainage of the pool explaining drainage method and location.
6. That the requirements contained in Section 20-18-5.0 will be satisfied.
C. All swimming pools as defined by this Chapter shall be provided with safeguards
to prevent children from gaining uncontrolled access. This may be accomplished
with fencing or other enclosure of sufficient density as to be impenetrable.
18-10
1. Fences. If fences are employed, they shall be at least four (4) feet in
height. The opening between the bottom of the fence and the ground or
other surfaces shall not be more than four (4) inches. Fences shall be of a
non -corrosive material and shall be constructed so as to be not easily
climbable. All fencing openings or points of entry into the pool enclosure
shall be equipped with gates or doors. All gates or doors to swimming
pools shall be equipped with self-closing and self -latching devices placed
at a sufficient height so as to be inaccessible to small children. All fence
posts shall be decay or corrosion -resistant and shall be set in concrete
bases or other suitable protection.
2. Accessory decks. Above ground pools with an accessory deck
constructed within three (3) feet of the pool shall install athirty-six (36)
inch guard rail around the deck. All openings shall be equipped with self-
closing and self -latching gates.
3. Pool covers. All above ground swimming pools shall be covered when not
in use by a cover constructed of a material which prevents uncontrolled
access. Pool covers, whether they can be locked or not, do not alone
meet public safety requirements if the cover is of the type that can collect
and hold natural water.
4. Ladders. For all above -ground swimming pools utilizing a ladder for pool
access, ladders shall be removed from the pool area when not in use to
prevent uncontrolled access.
20-18-6: SALES IN RESIDENTIAL AND AGRICULTURAL ZONING DISTRICTS:
A �^rc^��'Passenger Vehicles, Trailers, Recreational Equipment, and Similar
Items.
1. The merchandise sold in residential areas shall be the personal property
of the occupant.
2. Sales of such personal merchandise shall be limited to no more than two
(2) merchandise items per calendar year, unless approved by the Zoning
Administrator.
3. Merchandise items for sale shall not be placed in any portion of the public
right-of-way, or required front yard abutting a public
right-of-way except u on a designated, improved driveway that complies
with the requirements of Section 21 of this Chapter.
4. For sale signs on or in such merchandise shall be limited to +'" four
�4square feet.
18-11
B. Garage or Rummage Sales:
1. Merchandise offered for sale shall be the personal property of the
occupant.
2. Sales shall be limited to a maximum of four (4) consecutive days and
occurring no more than two (2) times within one (1) calendar year per
property, unless approved by the Zoning Administrator.
3. Merchandise items for sale shall not be placed in any portion of the public
right-of-way, public boulevard, or required front yard except a designated,
improved driveway that complies with the requirements of Section 21 of
this Chapter.
4. Signs shall be governed by Section 37 of this Chapter.
18-12