§ 656.403. Accessory uses and structures.

Accessory uses and structures are permitted in all districts, if those uses and structures are of a nature customarily incidental and clearly subordinate to a permitted or permissible principal use or structure and, unless otherwise provided, these uses and structures are located on the same lot (or a contiguous lot in the same ownership) as the principal use. Where a building or portion thereof is attached to a building or structure containing the principal use, the building or portion shall be considered as a part of the principal building, and not as an accessory building. Accessory uses shall not involve operations or structures not in keeping with character of the district where located and shall be subject to the following:

(a)

Accessory uses shall not be located in required front or side yards in a residential district except as follows:

(1)

On double frontage lots, through lots and corner lots, accessory uses and structures may be located only in a required side yard except where a double frontage lot has frontage on a navigable waterway.

(2)

Accessory structures for the housing of persons shall not be located in a required yard.

(3)

Air conditioning compressors or other equipment designed to serve the main structure may be located in a required yard but not less than two feet from a lot line.

(b)

Household pets are a permitted accessory use in all residential districts, provided those pets do not become a public nuisance or health hazard.

(c)

Accessory uses and structures in a residential district shall include noncommercial greenhouses and plant nurseries, private garages and private boathouses or shelters (if boathouses or shelters do not exceed 900 square feet in area), toolhouses and garden sheds, garden work centers, children's play areas and play equipment, private barbecue pits and swimming pools, facilities for security guards and caretakers (provided that they do not exceed 50% of the primary structure's building footprint) and similar uses or structures which:

(1)

Do not involve the conduct of business of any kind, unless otherwise permitted or approved pursuant to Chapter 656.

(2)

Are of a nature not likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

(3)

Do not involve operations or structures not in keeping with the character of a residential neighborhood.

(d)

Accessory use height:

(1)

Accessory uses or structures less than 15 feet in height may be located in a required rear of side yard, but not less than five feet from a lot line.

(2)

Accessory uses or structures greater than 15 feet in height shall meet the same setback requirements as the primary structure and shall not exceed the height of the primary structure.

(3)

Accessory uses or structures greater than 15 feet in height in the Residential Rural-Acre (RR-Acre) Zoning District, or on a lot at least one acre in size, shall meet the same setback requirements as the primary structure and may exceed the height of the primary structure, up to a maximum height of 35 feet.

(4)

An attached or detached swimming pool enclosure shall not exceed the height of the primary structure.

(e)

Land clearing and processing of land clearing debris shall be accessory uses in all zoning districts; provided, however, land clearing debris may be processed only in conformity with Chapters 360, 380 and 386, to the extent those Chapters are applicable.

(f)

Temporary retail sales of holiday gift items shall be accessory uses in all zoning districts subject to the limitations in this Part 4, including the limitation that the accessory sales shall be subordinate to a permitted or permissible nonresidential principal use.

(Ord. 91-59-148, § 1; Ord. 93-1442-1138, § 10; Ord. 97-539-E, § 9; Ord. 2003-1555-E, § 1; Ord. 2005-1148-E, § 1; Ord. 2006-797-E, § 1; Ord. 2008-969-E, § 3)