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Accessory Structures Detached Garages & Utility Sheds |
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Accessory Structures Defined
: A structure that is detached from a principal structure (dwelling) on the same lot, and customarily incidental and subordinate to the principal structure or use. Accessory structures most commonly include detached garages and garden utility sheds, but may also include detached decks or detached gazebos. Swimming pools are also accessory structures, but are regulated separately in the Zoning Ordinance (See Section 17.721). Accessory structures may be located in a rear yard or side yard of a residential property. Accessory structures, by ordinance, may not extend into a required front yard.Applicable Regulations: Detached residential garages and utility sheds are regulated by the provisions of Section 17.206(8)(d) of the Zoning Ordinance and are permitted in any residential district.
Size Limited: There is no limit on the number of accessory structures that may be located on a residential property, but the aggregate size of all structures may not exceed 45% of the required rear yard area or 864 square feet, whichever is smaller. Accessory structures in the RA Rural Agricultural District, CR Countryside Estate District, and ER Estate Residential District may exceed 864 square feet upon the issuance of a conditional use permit.
Calculating Maximum Area: The calculation to determine the maximum square feet of all accessory structures is lot width at the rear yard building setback line times the required rear yard setback (25 feet) times 45%. For example:
1. On an 85-foot lot, the calculation would be 85' X 25' X 45% = 956 sq. ft. Of 956 and 864, the 864 is the lesser number. Accordingly, an aggregate of 864 square feet in accessory structures would be permitted.
2. On a 60-foot lot, the calculation would be 60' X 25' X 45% = 675 sq. ft. Of 675 and 864, the 675 is the lesser number. Accordingly, an aggregate of 675 square feet in accessory structures would be permitted.
Accessory Structure Setbacks: Detached accessory structures must be located a minimum of 3 feet from a side lot line and a minimum of 5 feet from a rear lot line. Accessory structures must be located at least 10 feet from a principal structure. If special building provisions are made, such as constructing a fire wall, the building inspector may allow a reduction in separation, but not less than the 5 feet.
Accessory Structure Height: A detached accessory structure may not exceed 15 feet in height. Height is defined as "the vertical distance from the average elevation of adjoining ground, or the established grade, to (1) the top of the cornice of a flat roof, or (2) to the deck of a mansard roof, or (3) to a point on the roof directly above the highest wall of a shed roof, or (4) to the uppermost point of a round or arched roof, or (5) to the average height between the peak and the sill on a gable, gambrel, or hip roof.
Legal Nonconforming Existing Garages may be enlarged or replaced provided that they do not encroach farther into required setbacks than the existing garage; they are not located closer to existing buildings on an adjacent parcel than the sum of the required garage setback (on the subject property) and the required building setback (on the adjacent property) in the district in which they are located; and that precautions deemed suitable by the building inspector to reduce fire hazard of fire are taken. (See Section 17.409(7))
Building Permit Required: Before accessory structure construction begins, the property owner must obtain a building permit from the building inspector. A standard building permit application together with a site plan drawn to scale must be prepared. The site plan must show abutting streets, lot lines and their dimensions, existing buildings and their dimensions, the proposed garage or shed and its dimensions, and all existing and proposed setbacks. A drawing or picture of the proposed structure indicating its height shall also be provided. The building inspector may require structural plans for the proposed accessory structure.