§ 3-9. Location of accessory buildings or uses.

Accessory buildings on residential lots shall only be located within the rear yard of said lots, shall be located no closer than ten (10) feet from the principal building on said lot, and no closer than five (5) feet from any lot line. In the case of a through lot, the zoning administrator shall determine in his discretion which shall be considered the rear yard for the purposes of this subsection, and the front-yard setback requirement for principal buildings on the street that abuts the rear yard of such through lot shall be the rear yard setback requirement for the accessory building. In residential districts, an accessory building that is attached to the principal building by a breezeway or other connector shall conform to all of the setback requirements for the principal building. Accessory buildings on nonresidential lots shall comply with the front, side and rear yard requirements established for the zoning district in which such accessory buildings are located.

3-9.1

Accessory building on separate lot: An accessory building may be permitted, as a special exception by the zoning board of appeals, on a separate lot from the lot of the principal building provided that: (a) the lot upon which the accessory building is to be located shall be within four hundred (400) feet of the principal use; and (b) all requirements, including use restrictions, established for the zoning district in which such accessory building is to be located shall be complied with; and (c) any structure or building erected shall meet the requirements of the Fitzgerald Building Code and shall be approved by the building inspector. In addition to the above requirements, the board of appeals may require design features such as buffer strips, screening, etc., as may be found necessary to protect the purposes of this ordinance.

3-9.2

Swimming pools: Swimming pools accessory to residences or commercial uses shall be enclosed by a steel mesh security fence or other substantial building material affording equal or better access control. Said fence shall have a minimum height of four (4) feet.

3-9.3

Separation from principal use: Any accessory building of more than eight (8) feet in height shall be located at least ten (10) feet from the principal building.

3-9.4

Maximum square footage of accessory buildings: The aggregate square footage of all accessory buildings on a lot in a residential district shall not exceed twenty-five (25) percent of the aggregate square footage of the principal building on said lot; provided, that a variance from this requirement may be granted by the zoning board of appeals for accessory buildings on a lot of more than one (1) acre in area.

3-9.5

Construction materials for and style of accessory buildings: An accessory building in a residential district shall be constructed with materials and in a style that are common to and consistent with the principal building on said lot and with principal buildings in the surrounding neighborhood.

3-9.6

Maximum height of accessory buildings: The maximum height of an accessory building on a lot in a residential district shall not exceed fifteen (15) feet.

3-9.7

Mobile structures as accessory buildings prohibited: No mobile structure that as originally constructed or subsequently modified is or was equipped with a receiver tongue and a metal transport frame shall be used as an accessory building on a lot in a residential district.

3-9.8

Uses of accessory buildings: An accessory building in a residential district shall only be used for uses that are incidental to the use of the principal building on the lot, and shall not be separately rented, leased or otherwise employed.

3-9.9

Enforcement and appeals: It shall be the responsibility of the zoning administrator to enforce the provisions of this ordinance relating to accessory buildings, and all decisions by the zoning administrator with respect to the same shall be in writing. Any person adversely affected by such a decision shall have the right to appeal the same to the zoning board of appeals.

(Ord. No. 02-1294, § 1, 2, 5-13-02)