§ 115-38. Accessory uses or structures.

(a)

Accessory uses or structures shall be permitted only in rear yards, except as otherwise provided in this chapter.

(b)

An accessory use or structure shall be set back not less than five feet from any lot line.

(c)

No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is an accessory.

(d)

In residential districts the total square footage of accessory structures shall not exceed one-half the size of the principal structure.

(e)

Residential or commercial solar panels not located on the principal building shall be considered an accessory structure and shall be located on site according to subsection 115-38(b).

(f)

In order to provide location flexibility, and to install the solar equipment in the most efficient location, the accessory structure can be located in the side and front yard without the need of a board of appeals variance approval if the following requirements are met:

(1)

The ARB shall review an application for any proposed solar equipment located in the front or side yard. At a minimum, the ARB application shall include the following information:

a.

Completed ARB certificate of appropriateness application.

b.

A site plan, drawn to scale, showing all existing site conditions and the proposed location of the solar equipment.

c.

A landscape plan, drawn to scale, that shows screening measures of the solar equipment. The landscape plan shall also include elevations, details, plant schedule and any other information determined by the Community Development Director.

(2)

Prior to the installation of any solar equipment, the applicant shall obtain a building permit from the Community Development Department. The building permit application shall match all building related conditions from the ARB review.

(Code 1979, § 8-4-21; Code 1998, § 106-41; Ord. No. 06-2002, § 106-41, 3-4-2002; Ord. No. 11-2003, § 106-41, 8-4-2003; Ord. No. 07-2011, 9-12-2011)