1 ARTICLE XIV SUPPLEMENTARY DISTRICT REGULATIONS SECTION 11. ACCESSORY USES. Accessory uses are permitted in any zoning district in connection with any principal use, which is permitted. 1. Definitions. An accessory use is a structure or use which: a. Is subordinate to and serves a principal building and principal use. b. Is subordinate in area, extent or purpose to the principal building or buildings served. c. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served. d. Is located on the same tract as the principal building or principal use served. e. An accessory building shall not extend beyond the front main wall of the principal building. f. Accessory buildings to residential uses in the M-H, MP, R- S, R-R, R-1A, R-2, and R-3 shall be limited to buildings for domestic, or household use, or for the parking of motor vehicles unless otherwise prohibited or allowed by this article. Said accessory buildings shall be limited and meet the following restrictions: 1) An accessory building s square footage footprint may not exceed the footprint of the principal dwelling. 2) Square footage footprint of the principal building and all the accessory buildings may not exceed the lot coverage requirements found in this code. 3) All setbacks and separations must be met as required by this code and other codes adopted by the city. 4) In R-S, R-R, R-1A, R-1, R-2 and R-3 Districts an accessory building shall not exceed the height of the existing principal building measured to the highest point of the roof.
2 Exception: R-S zones shall be allowed to exceed the height of the principal dwelling providing all other restrictions are met: In the R- S Zone accessory buildings and principal may have combined lot coverage of 10% or 25,000 square feet, whichever is less. Measurements shall be taken from the furthest architectural projects. All other provisions must be adhered to. 5) In M-H and M-P Districts an accessory building shall not exceed 16 measured to the highest point of the roof. 2. Permitted Accessory Uses. Any structure or use that complies with the terms of Section 11.1 of this article may be allowed as an accessory use or structure (accessory structures and uses include, but are not limited to, the following list of examples); provided that in each case such structure must fit the general definition of accessory use contained in Section 11.1 of this article. a. Subject to other applicable requirements of the city. b. A child s playhouse. c. A private swimming pool and bathhouse provided such pool should be enclosed as appropriate to assure privacy and safety. d. A guest house (without kitchen facilities) or rooms for guests in accessory building provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units or permanent occupancy as housekeeping units. e. Statuary, arbors, trellises, barbecue stoves, flagpoles, fences walls, hedges and radio and television antennas. f. Fallout shelters provided that they shall not be used for any principal or accessory use not permitted in the zoning district. g. Off-street parking and loading spaces as regulated by Articles XIX of these regulations. h. Storage of major recreational equipment, such as boats, boat trailers, camping trailers, converted buses or trucks, motor homes, provided no such equipment is occupied for dwelling purposes.
3 i. Restaurants, drug stores, gift shops, club and lounges and newsstands when located in a permitted hotel, motel or office building. j. Employee restaurants and cafeterias when located in a permitted business or manufacturing or industrial building. k. Offices for permitted business and industrial uses when said office is located on the same site as the business or industry to which it is an accessory. l. Retail sales for permitted industrial uses when located on the same site as the industrial use. m. The storage of retail merchandise when located within the same building as the principal retail business. 3. Prohibited Accessory Uses. None of the following shall be permitted as an accessory use: a. Outdoor storage or overnight parking in a residential district of trucks with trailer or manufactured homes, except pickup trucks, small vans, and recreational vehicles. b. Outdoor storage, except as specifically permitted in the district regulations. 4. Accessory Uses Permitted by Exception. The following accessory uses shall only be permitted as an exception upon approval of a special use permit in accordance with Article XXI. a. Television tower. b. Amateur radio tower. c. Wind powered generator, (Wind Energy Conversion System) subject to the following: 1) The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following standards. Rotor Diameter (Feet) Setback Distance (Feet)
4 )Intermediate rotor size distances shall be interpolated from the above values. 2) The WECS shall not be located in any required yard. 3) The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed sixty (60) DBA in a residential zone. 4) To limit climbing access to WECS tower, or other support structure, a six (6) foot high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than twelve (12) feet from the ground or the WECS support may be mounted on a rooftop. 5) All blades of a WECS shall be construed of nonmetallic substances. If the applicant can prove, in written form, that no electromagnetic interference will result, a metal content of up to twenty five (25) percent will be acceptable. 6) The WECS shall be located in compliance with the guidelines of the federal aviation regulations with regard to airport approach and clearance around VOR and DVOR stations. 7) Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than twenty (20) feet. The heights of the WECS shall be measured at the center of the blade diameter. 8) Data permitting to the WECS safety and structural integrity shall be certified by a licensed qualified engineer and filed with the building permit application. The tower or support and top
5 adapter shall meet the restrictions specified in the city s building code. 9) The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility s current service regulation applicable to WECS. 10) A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within two hundred (200) feet of the exterior lot lines. 11) The owner/operator shall provide covenants, easements, or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site. 12) The owner/operator shall certify that the WECS does not violate any covenants of record. 13) The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the Building Official that the liability insurance is still in effect. d. Wireless communication towers, subject to the following: 1) The minimum distance from any lot or property line to any tower, pole or other support structure shall be the total maximum height of the tower, pole or other support structure plus attached antennas. 2) Anchors, guy wires, and other accessory structures may not be located in any required yard. 3) The tower, pole or other support structure shall not exceed the maximum height restriction in the zone where it is located by more than thirty (30) feet, unless technical data indicating a greater requirement for adequate reception is provided. 4) Unauthorized access to the tower, pole, or other support structure, including anchors and guy wires, shall be limited by provision of an immediately surrounding six (6) foot high fence with locking portal. Tower climbing apparatus shall be limited to no lower than twelve (12) feet from the ground.
6 5) Telecommunications towers shall be located in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach and clearance around VOR and DVOR stations. 6) The tower or other support structure shall be designed to permit addition of antenna array for at least two additional service providers so as to limit the number of permitted structure in the zoning jurisdiction. 7) Information certifying safety and structural integrity of the tower or other support structures shall be certified by a licensed engineer and filed with the permit application. 8) When located within one thousand (1,000) feet of a residential district, the tract shall be appropriately landscaped to produce a visually pleasing appearance. 9) An application for a permit to site a wireless telecommunications facility shall be accompanied by the following: (1) A site development plan, including landscape provisions and topographic information. (2) A technical description of the tower and the reasons for its design and location. (3) An explanation of need for a separate tower as opposed to an existing facility. (4) Information establishing structural integrity and capacity for additional antenna array. (5) Proof of ownership or authorization to use the proposed site. (6) Copies of any necessary easements. (7) A certificate of liability insurance. (8) An affidavit certifying that space on the proposed tower will be made available to future users when technically feasible.
7 9) The applicant shall also provide such other additional support information as may be determined by the City.