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Article 11-1103-1113-Accessory Buildings & Uses SECTION 1103 ACCESSORY BUILDINGS AND USES 1103.01 USE FOR DWELLING: Accessory buildings shall not be used for dwelling purposes unless specifically permitted. 1103.02 SIZE LIMITATIONS Accessory buildings are intended to remain secondary in nature to the primary building or structure on the land or tract of land in which they are located. Accessory buildings in all Residential Districts (does not include AGG) shall meet the following additional requirements: 1. The maximum number of accessory buildings shall be limited to two (2) structures. For lots of at least 10 acres, grandfathered accessory buildings which existed prior to 2001 may be replaced with a similar-sized accessory building, or several grandfathered accessory buildings may be removed and replaced with a single accessory building of similar total size. 2. No accessory building shall be located between the front building line of the principle building and the front property line, except: A) In RRE Districts upon the approval of a conditional use permit. The conditional use permit may include but not limited to requirements for additional set back, landscaping, screening, etc. All accessory buildings must meet front yard setback requirements. B) In RL Districts on lots of forty-five thousand (45,000) square feet or greater upon the approval of a conditional use permit. The conditional use permit may include but not limited to requirements for additional set back, landscaping, screening, etc. All accessory buildings must meet front yard setback requirements. 3. A) For lots that are 10,000 square feet or smaller, the maximum combined total square footage of all accessory buildings shall not exceed the greater of: 1) Fifty (50) percent of the total square footage of the primary building’s ground coverage area (area calculated at the exterior of the building at ground level). 2) Eight hundred and sixty-four (864) square feet. B) For lots larger than 10,000 square feet but less than two (2) acres, the maximum combined total square footage of all accessory buildings shall not exceed the greater of: 1) Fifty (50) percent of the total square footage of the primary building’s ground coverage area (area calculated at the exterior of the building at ground level) 2) Eight hundred and sixty-four (864) square feet plus one (1) percent of the lot size above 10,000 square feet, not to exceed twelve hundred (1,200) square feet. C) For lots of at least two (2) acres but less than five (5) acres, the maximum City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 1 combined total square footage of all accessory buildings shall not exceed twenty- four hundred (2,400) square feet. D) For lots of at least five (5) acres, the maximum combined total square footage of all accessory buildings shall not exceed thirty-two hundred (3,200) square feet. 1) In RRE District on lots of at least five (5) acres, the maximum combined total square footage of all accessory buildings shall not exceed six thousand (6,000) square feet. 4. The combined total square footage area of the primary and accessory buildings shall not exceed the maximum allowable Lot Coverage Area as allowed by the zoning classification in which the buildings are located. 5. The maximum allowable height of an accessory building, at its highest point, shall be either the height of the primary structure or the maximum height allowed in the base zoning district, whichever is less. For purposes of this provision, height shall mean vertical distance measured from the average elevation of the finished grade of the building to the highest point of the building. 6. No accessory structure shall be constructed without a primary building or structure. No accessory building shall remain if the primary structure is removed or demolished, except with the approval of a conditional use permit upon lots where construction of a primary building or structure is prohibited. The conditional use permit may include but not be limited to requirements for additional setback, landscaping, screening, etc. All accessory buildings must meet front yard setback requirements. 1103.03 VEHICLE ACCESS: Unless otherwise specifically permitted, any accessory building requiring vehicle access from an alley way shall be located a minimum of fifteen (15) feet from the rear property line. 1103.04 ATTACHED ACCESSORY USE: Any accessory attached to the principle building shall be considered as a part of the principle building and shall meet the same requirements as specified for the principle building in said district. The attachment shall share a minimum of 40 percent of a common wall or common roofline. The design and construction of the addition shall be similar in style and color to the primary structure. 1103.05 FIRE HAZARDOUS ACCESSORY USES: No accessory use shall be located within ten (10) feet of a residential dwelling that creates a fire hazard or would subject the residential structure to a potential fire, such as a detached fireplace, barbecue ovens, flammable liquid storage, etc. 1103.06 CARPORTS: Carports are considered structures. Carports can only be used for the shelter and storage of a motor vehicle or recreation vehicle or major recreation equipment. Carports are limited to the rear yard, Carports shall be anchored to the ground, per manufacturer’s instructions. City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 2 SECTION 1104 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT In any zoning district except AGG, RRE, RL, RM, RML and RMH, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each principal structure as though it were on an individual lot. SECTION 1105 EXCEPTIONS TO HEIGHT REGULATIONS The height limitations contained in this Ordinance shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, domes, chimneys, grain elevators and accessory agricultural structures. SECTION 1106 STRUCTURES TO HAVE ACCESS Every building hereafter erected or moved with the exception of nonresidential agricultural related structures in A Agricultural zoned districts, shall be on a lot adjacent to a public or approved private street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. SECTION 1107 UTILITY AND LOT AREA REQUIREMENTS FOR RESIDENTIAL STRUCTURES 1. It shall be unlawful to occupy a residential structure or any building for living purposes that does not have an approved waste disposal system. 2. No waste absorption field (septic tank, cesspools, etc.) shall be constructed any closer than twenty-five (25) feet from any adjacent property line. 3. There shall be no waste absorption field located closer than fifty (50) feet from any other residential structure. 4. There shall be no waste absorption field located closer than fifty (50) feet from a water well provided; however, where geology and subsurface conditions and topography would indicate that seepage could reach the well supply, a greater distance shall be required. 5. An individual residential waste absorption field shall contain a minimum of ten-thousand (10,000) square feet, exclusive of the area required by structure. The entire tract shall contain not less than twenty-thousand (20,000) square feet. If tract is less than two (2) acres, public water must be available. SECTION 1108 TEMPORARY STRUCTURES City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 3 Temporary structures incidental to construction work, but only for the period of such work, are permitted in all districts; however, basements and cellars shall not be occupied for residential purposes until the building is completed. SECTION 1109 CARETAKERS QUARTERS Caretaker's quarters are permitted in all districts, if included in the principle structure, providing said use is incidental to the principal use. SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIRE- MENTS 1. In all districts except A/ML and A/MH, where forty (40) percent or more of the frontage on one (1) side of a street between the nearest boundary lines of two (2) intersection streets, within the same zoning district, is developed with buildings that have established, with a variation of five (5) feet or less, a front yard of greater or lesser depth than herein required, new buildings shall be erected no closer to the street right-of-way than the average front yard setback line established by such existing buildings. 2. In all districts except A/ML and A/MH, where forty (40) percent or more of the lots are developed with buildings or attached decks that have established, with a variation of five (5) feet or less, a rear yard of lesser depth than herein required, new attached decks may be erected with a rear yard of lesser depth than herein required, not to exceed the average rear yard setback line established by such existing buildings or attached decks. 3. In the A/ML and A/MH districts, the City Council may, upon recommendation of the Planning Commission, grant a Conditional Use Permit that would allow a front yard set back different than herein required, if: a. forty percent (40%) or more of the frontage on one side of the street between the nearest boundary lines of two (2) intersecting streets, and for a distance of one block in either direction, is developed with buildings that have established, with a variation of five feet (5') or less, a front yard of greater or lesser depth than herein required: b. the entire two block area is within the same zoning district; c. the front yard of less depth than required would have no deleterious effect on the value of adjacent property and would pose no threat to health or safety; and d. said lot does not front upon a Federal Aid-Primary, Federal Aid-Secondary, or State highway. Such Conditional Use Permit shall allow new buildings to be erected to closer to the street right- of-way than the average front yard setback line established under the provisions of 2(a) immediately herein above. 4. Where two (2) lots are under common ownership and have been permanently appended to each other by an agreement in writing by the owner thereof, running with the land and binding upon the heirs, personal representatives, successors, and assigns of such owners, which provides City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 4 that such lots or portions of lots are permanently appended (meaning that they may not be conveyed without the other in a simultaneous transaction to the same grantee); for the determination of minimum front, rear, and side yard requirements, the outer boundary of such lots shall be considered the lot line for establishing set back requirements, and no setback from any internal lot lines, separating such permanently appended lots, shall be required. SECTION 1110.5 ADDITIONAL SETBACK REQUIREMENTS FOR STRUCTURES ADJACENT TO CREEKS AND DRAINAGEWAYS No person shall be granted a permit for the construction of any structure, bank stabilization structures, poles, and sign structures adjacent to any creek or watercourse unless such structure is located so that no portion thereof is any closer to the creek or watercourse than will allow a maximum three-to-one slope plus 20 feet between the water’s edge of the creek or watercourse. “Water’s edge” shall be deemed to be that point constituting the edge of the water during normal flow conditions. A property shall be exempt from the provisions of this Section upon an application filed by the property owner supported by a showing by a registered professional engineer that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate erosion control conditions coupled with adequate lateral support so that no portion of said structure adjacent to the stream will be endangered by erosion or lack of lateral support. In the event that the structure is adjacent to any stream which has been channelized or otherwise improved by any agency of government, then such certification providing an exception to this Section may take the form of a certification as to the adequacy and protection of the improvements installed by such governmental agency. SECTION 1111 PARKING REGULATIONS 1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT: No major recreational equipment as defined in SECTION 303.01 shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use, except such use shall be permitted on a temporary basis for a period of not to exceed seventy-two (72) hours. 1111.02 PARKING AND STORAGE OF CERTAIN VEHICLES: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any R Residential District other than in completely enclosed buildings. Abandoned automobiles shall be removed in accordance with SECTION 5-411 of the Blair Code. 1111.03 MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS: Off- Street motor vehicle parking and loading space shall be provided on any lot on which any of the indicated structures and uses are hereafter established. Such space as defined in SECTION 303.01 of this Ordinance shall be provided with vehicular access to a street or an alley. A required loading space shall include a ten (10) foot by fifty (50) foot space with a minimum of fourteen (14) feet of height clearance. The loading space shall be located as to avoid undue City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 5 interference with public use of streets, alleys and walkways. Minimum off-street parking and loading requirements, which shall be set forth in the Schedule of Minimum Off-Street Parking and Loading Requirements, hereby adopted by reference and declared to be a pat of this Ordinance. If minimum off-street parking required in said schedule cannot be reasonably provided on the same lot on which the principal structure or use is conducted the City Council, after recommendation from the Planning Commission, may permit such space to be provided on other off-street property, provided that such space lies within two hundred (200) feet of the entrance to such principal structure or use. 1111.04 SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS: Minimum Off-Street Minimum Off-Street Structures and Uses Parking Regulations Loading Requirements Auto Repair Garage 1 space per 500 sq. ft. of gross 1 space per establishment floor area Structures and Uses Minimum Off-Street Minimum Off-Street Parking Regulations Loading Requirements Bowling Alleys 4 spaces per alley 1 space per establishment Car and Truck Sales 1 space per 500 sq. ft. of gross 1 space per establishment floor area Contractor Yard 1 space per 500 sq. ft. of gross 1 space per establishment floor area Educational Uses, Nursery Parking spaces equal to 20% 2 spaces per structure and Primary of capacity in students Educational Uses, All Others Parking spaces equal to 40% 2 spaces per structure of capacity in students Funeral Homes and Chapels 8 spaces per reposing room 2 spaces per establishment Hospitals 1 space per 2 beds 3 spaces per structure Hotels 1 space per 2 rental units 1 space per establishment Industrial Uses 1 space per 2 employees on 2 spaces per establishment largest shift Libraries 1 space per 500 sq. ft. on floor 1 space per structure area Lodging and Boarding Houses 1 space per 2 rental units None required Medical Clinics 5 spaces per staff doctor or None required dentist Mobile Home Park 2 spaces per dwelling unit None required City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 6 Motels 1 space per rental unit None required Offices and Office Buildings 1 space per 300 sq. ft. of gross None required floor area Private Clubs and Lodges 1 space per 500 sq. ft. of floor 1 space per establishment area Residential Structures 2 spaces per dwelling unit * None required (multi-family) Residential Structures (multi-1 ½ spaces per dwelling unit * None required family), occupants are 65 years of age and older (* Enclosed parking garages are not counted as parking spaces) City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 7 Structures and Uses Minimum Off-Street Minimum Off-Street Parking Regulations Loading Requirements Residential Structures (two-2 spaces per dwelling unit None required family) Residential Structures 2 spaces per dwelling unit None required (single-family) Residential Structures 2 spaces per dwelling unit None required (attached single-family) Retail Sales Establishments 1 space per 200 sq. ft. of gross 1 space per establishment floor area Roadside Stands 4 spaces per establishment None required Sanitariums, Convalescent, 1 space per 3 beds, plus 1 1 space per establishment and Rest Homes Services space per employee on the largest shift Service Establishments 1 space per 200 sq. ft. of gross 1 space per establishment floor area Theaters, Auditoriums and 1 space per 5 people in 1 space per establishment Places of Assembly designed capacity Veterinary Establishments 3 spaces per staff doctor None required Wholesaling and Distributing 1 space per 2 employees on 2 spaces per establishment Operations largest shift SECTION 1112 MOBILE HOME REGULATIONS Rescinded in its entirety on March 8, 2005 - Ordinance No. 2022 SECTION 1113 CAMPGROUNDS A campground may be established in specified districts according to the procedures for granting an exception, provided that the proposed campground meets all of the following requirements: 1. A campground shall have an area of not less than one (1) acre, nor more than five (5) acres, and no camping unit or service structure shall be closer to a street/road/highway right-of-way or other property line than twenty-five (25) feet; 2. A campground shall provide minimum facilities including central travel trailer sanitary and water stations, toilets and refuse containers; City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 8 3. Certification of compliance with all ordinances and regulations regarding zoning, health, plumbing, electrical, building, fire prevention and all other applicable ordinances and regulations shall be a prior requirement for granting said exception; 4. Individual camping units, other than tents, shall have a lot area of not less than seven hundred fifty (750) square feet and the total number of units per gross acre shall not exceed twenty (20); 5. Individual tent camping units shall be located in separate areas designated for tent camping; 6. The layout of the campground shall be such that "destruction" of the natural vegetation and topography of the area is minimized; 7. A request for an exception shall set forth the location and legal description of the proposed campground property and a sketch of the proposed campground showing dimensions, roads, parking stations, location of services and any other buildings or improvements; 8. Licensing of campgrounds shall be completed in accord with SECTION 10-602 and 10-603 of the Blair City Code. (END OF SECTION) City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 9