City Council Study Session Agenda and Packet 2022 11 07

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Sec. 26-14-19. Accessory buildings, structures and dwelling units. (a) Accessory buildings and structures are permitted in any zone district, subject to all limitations contained in this chapter including, without limitation, the following: (1) Construction of an accessory building or structure must occur concurrently with or subsequent to construction of a principal building. (2) The maximum floor area of an accessory building located in a residential zone shall not exceed the lesser of ten (10) percent of the lot area or seven hundred fifty (750) square feet. In a residential zone, accessory buildings larger than those permitted by this subsection (2) may be allowed through a special use review as defined in Section 26-15. In a nonresidential zone, the maximum floor area shall not exceed thirty (30) percent of the lot area. (3) An accessory structure is any device with a surface area of four (4) square feet or larger, including a microwave dish, antenna or other similar device, and is subject to all regulations applicable to accessory buildings and structures including height requirements. Amateur radio antennas and towers shall be subject to the requirements of section 26-14-21 of this chapter. (4) All accessory buildings and structures shall maintain side yard or side street yard setbacks equal to the side yard or side street yard setbacks required for the principal building located on the lot and a front yard setback equal to the front yard setback for the principal building plus an additional ten (10) feet. Any accessory building or structure located in a side yard must be screened so as not to be visible from any public street. Notwithstanding the foregoing, flagpoles may be located one (1) foot behind the rear edge of any sidewalk or property line, whichever location is further from the property line. (b) Accessory dwelling units are permitted in the Old Town Residential zone district, subject to all limitations contained in this chapter including, without limitation, the following: (1) The floor area of an accessory dwelling unit shall not exceed seven hundred fifty (750) square feet. (2) Not more than one (1) accessory dwelling unit may be constructed on any single lot or parcel of land. (3) An accessory dwelling unit may be contained within the same accessory structure or building that is provided for a separate accessory use, provided, however, that the building footprint of such combined accessory structure shall not exceed seven hundred fifty (750) square feet. When an accessory dwelling unit is contained within the same accessory structure or building that is provided for a separate accessory use, the building height limitation applicable to accessory dwelling units shall apply to the structure. (4) In the Old Town Residential zone district, an accessory dwelling unit shall maintain a setback from the front lot line in an amount that is equal to the required front yard setback for a principal structure plus an additional ten (10) feet. (5) An accessory dwelling unit shall be constructed not less than six (6) feet from the principal dwelling unit. (Ord. No. 1998-25, § 11, 8-18-98; Ord. No. 2002-31, § 7, 11-5-02; Ord. No. 2003-05, § 1, 4-15-03; Ord. No. 2009-09, § 4, 3-3-09; Ord. No. 2017-49, § 1, 11-6-17) Sec. 120-40.4. Accessory buildings and dwelling units. Separate water service, water meters and water rights fees are not required for secondary or accessory buildings on private lots or for accessory dwelling units on private lots zoned OTR (old town residential), on properties having a main or principal building or use, provided that ownership of such separate secondary, accessory buildings or accessory dwelling units and main or principal buildings is by a single person or entity. If (Supp. No. 5, Update 2) Created: 2022-08-29 18:02:33 [EST] Page 1 of 2 12