HomeMy WebLinkAboutA003 - Staff Report dated October 12, 2021 ITEM: 25
DATE: 10/12/21
STAFF REPORT
REQUEST TO INITIATE ZONING TEXT AMENDMENT RELATING TO SETBACKS
FOR ACCESSORY STRUCTURES AND DETACHED GARAGES ON SINGLE- AND
TWO-FAMILY LOTS
October 12, 2021
BACKGROUND:
Grant Thompson of 407 Pearson Avenue in Country Club Estates contacted Council
Member Betcher (Attachment A) and other City Council members regarding his inability,
by Code, to demolish and rebuild an existing, nonconforming garage in the same location
(Attachment B). The accessory structure is considered nonconforming with regard to the
setbacks. Mr. Thompson has stated that the garage is deteriorating, and he would like to
replace it in the same location. Remodeling and rehabilitation of the garage would be
permitted by the Zoning Ordinance, however, replacement of a nonconforming structure
is prohibited.
According to County Assessor records, the house and the garage were constructed in
1927. The current garage is approximately 6 feet from the rear (west) property line and
estimated to be several inches from the side (north) property line. The base zoning district,
"RL" Residential Low Density. requires a minimum setback of 20 feet from the rear
property line and 8 feet from the side property line (the side setback is determined by the
number of stories in the primary structure: a two-story building has an 8-foot side setback).
Although the Zoning Ordinance has exceptions for accessory buildings that allow
reduced setbacks of as little as 3 feet, they do not apply in this situation. There is
no allowance to rebuild or place a structure at a setback of less than 3 feet
anywhere within single-family zoning (Attachment C- excerpt from the Zoning
Ordinance pertaining to accessory structures and diagram of setbacks).
The homeowner could build a new garage on the property by complying with the setbacks
but doing so would significantly reduce the usable area of the rear yard. Alternatively, a
nonconforming structure can be maintained and rehabilitated rather than removed and
replaced. The nonconforming standards apply uniformly across the city for all types of
structures. While having a garage is not a right guaranteed by the Zoning Ordinance, nor
is it even required, it is generally recognized as desirable along with having usable yard
space on a property. As such, the homeowner is requesting consideration of a text
amendment.
OPTIONS:
Mr. Thompson is requesting that the City initiate a Text Amendment for accessory
structures, specifically detached garages. A nonconforming garage is not a unique to Mr.
Thompson's property. Staff did a visual survey with aerial photography for areas north of
I
Downtown and south of Campus that are known to have a significant number of detached
garages and determined that over 500 properties are likely nonconforming for either a
rear setback or side setback standard. (See Attachment D) There would be additional
such structures in other neighborhoods. Changing either the garage setback standards
and/or the nonconforming standards could affect all such properties, potentially in a
beneficial way about having flexibility for siting accessory buildings. A corresponding
negative impact could also be had on properties adjacent to those with nonconforming
accessory structures.
Staff also reviewed ordinances from other communities when considering how the current
regulations apply. The current standards are similar to the other communities, some cities
allow for uniform reduction of setbacks to three feet, while other still require larger
setbacks of five feet. Clearly, the standards come down to local preferences about
spacing and setbacks compared to flexibility for a property owner in siting accessory
buildings. All of the comparable cities appear to allow for rear yard setback encroachment
to a greater extent than Ames, but also have additional rear yard building size limitations
that Ames does not have. See Attachment E for more information.
Option 1: Modify Setbacks for All Accessory Structures (New and Existing)
The intent is to amend the rules for setbacks for all accessory structures. There is a range
of changes that could occur in this category for rear setbacks, side setbacks, or both.
A)The simplest change, which would be partially beneficial to Mr. Thompson, is to adjust
the rear yard exception to apply across the rear yard (from side lot line to side lot line,
behind the primary structure) regardless of whether it is partially in a side yard. This
would allow for a rear 3-foot setback for any structure located behind the home, but still
require a 6- or 8-foot side yard setback that applies across the City.
B) Council could also consider changes to side yard setbacks as well when the structure
is located within a rear yard by allowing for side setbacks to also be reduced to 3 feet.
These types of change might involve revising definitions, revising the setback exceptions,
or both.
Option 2: Create Reconstruction Standards for Nonconforming Accessory
Structures
The intent is to modify the rules to allow for existing, nonconforming structures to be rebuilt
essentially as they exist today or in a similar manner that does not exacerbate a
nonconformity. A rebuilt structure would still need to comply with current building code
requirements. The nonconforming location would thus be "grandfathered" in perpetuity.
Staff would recommend tailoring such a change to accessory structures only for a limited
size. This option could meet Mr. Thompson's interests, depending on the final language
to allow for reconstruction. This option is beneficial to a property owner with a
nonconforming structure, but does not overtime create conformity with spacing that is
applied to all new buildings.
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Option 3: Amend the Zoning Ordinance to Address both Option 1 and 2
The City Council would choose this option in order to provide reduced setbacks for all
garages, regardless of whether they are nonconforming, and allow for an extra exception
for reconstructing nonconforming garages. This option would likely meet Mr. Thompson's
interest. The intent is to look at rewriting the code with a combination of Option 1 and
Option 2. This would benefit people looking for reduced setbacks for new structures and
also grandfather all existing structures.
Option 4: Modify "Minor Area Modification" Exceptions to include Accessory
Structures.
The City allows for the Zoning Board of Adjustment to approve small encroachments into
required Setbacks for existing principal structures. of up to 2 feet into a side yard and rear
yards by up to 5 feet. These exceptions do not apply to detached accessory structures.
Adding language for accessory structures would be a minor change and grant partial relief
in nonconforming situations after a noticed hearing and approval by the ZBA. This would
allow for case by case review with a public hearing. This option would possibly partially
meet Mr. Thompson's interest because it would allow for reduced setbacks but not
necessarily rebuilding it in a zero lot line condition.
Option 5: Decline the Request
The City Council can decline to take any further action. This would result in no changes
to current rear and side yard setback requirements. Over time, the encroaching structures
would gradually be removed and replaced as they reached the end of their useful lives. If
someone was able to demonstrate a hardship they could apply for a variance, but the
threshold for a variance approval is a vary high bar.
STAFF COMMENTS:
The setback standards currently apply equally to new structures and replacement
structures throughout the City. As written, the regulations for accessory structures and
nonconformities are designed to allow current nonconforming structures to remain until
such time as replacement is required. At that time, compliance with setbacks is
necessary.
Staff finds that Option 1A has the greatest overall applicability for residential properties
and clarifies for all properties that a three-foot rear yard setback is allowed, even if it is
not located directly behind a home. This would clean up a confusing section of Code and
provide the intended flexibility for rear yard structures with minimal impact to adjacent
properties. Additionally, the City Council could also consider including 1 B to allow for
three-foot side yard setback under the same rear yard circumstances.
If we pursue this either Option 1A or Options 1A & B Combined, staff would also assess
our current size limitations and coverage limitations to assure they align with any reduced
setback allowance. Any version of Option 1 would be relatively straight forward as a
change and not require substantial community outreach to implement. Staff would
proceed with a zoning text amendment over the next few months if this option is selected
by City Council.
If City Council selects Options 2, 3, or 4, it would be important for City Council to define
intended outreach for the change and its priority for the proceeding with the item if there
is a significant outreach component.
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Attachment A
Request to Council
Good evening Council Member(Dr.)Betcher,
My name is Grant Thompson.I live at 407 Pearson Ave and I believe that we met at the Ag Ave Block Party earlier
this summer when we signed your petition to run again.
I am writing regarding the Ames municipal code as it relates to buildings and planning.We have a 1.5 car garage
that Is a non-conforming structure,meaning that it was grandfathered in when the current setbacks for buildings
and accessory structures was passed.The garage is original to the house as far as we know(late 1920s)and is in
disrepair with cracked floors,rotting sills,and is not standing straight and has been this way since we bought the
home in 2018 when I was hired at ISU.
Today I was speaking with Benjamin Campbell,a Planner with the City and learned that essentially there is
absolutely no way for it to be rebuilt without conforming to the modern side and rear yard setbacks.Given the size
of our lot and the configuration of our house and yard,there is really no way to rebuild a new garage that meets
the setbacks.I was told that when a non-conforming structure is lost for any reason-rebuild,derecho,fire,act of
god,etc.the grandfathering of the strucutre is lost too.All new structures must conform.
Benjamin suggested that the only way to really address this was to discuss with my council representative and go
from there.
on one of my many walks through the south campus neighborhood,I noticed that a large number of homes have
garages that are non-conforming and could not be rebuilt in their current locations due to city code.
While garages are"nice-to-haves"and not"necessary"strictly speaking,they are desirable and have not only an
affect on home price,but also desirability for future buyers.For some buyers,a no garage home may be a deal-
breaker.In my case,if the garage is torn down,there's an immediate financial loss to the property and a
desirability-loss when we'd eventually move.
My point is that the code seems to unfairly penalize many older homes-like many of those in the south campus
neighborhood-that have been around longer than the current relevant city code.
We enjoy the numerous amenities in the south campus neighborhood-walkability,campus,campustown,Reiman
Gardens,etc.and would like to remain here for the long-term if possible.My wife works at Workiva and I'm on
campus,so it's a gem of a spot.Yet,the pending loss of a garage that will eventually deteriorate as all structures do,
makes it a complicated choice.
While not the intent of the municipal code,it seems to inhibit the upgrading of older homes in historic
neighborhoods in favor of newer construction and suburban sprawl with larger,modern,and conforming
structures.I don't know what it would take,but it seems that some interpretation,amendment,or such could be
written and passed to at least allow rebuilds under certain circumstances.
I would be happy to visit with you about this and think that,if you are willing,visiting my home and a short walk in
the neighborhood would help illustrate this point.I am starting with you as my ward rep,but would also be happy
to include the at-large reps at this time if you think that would be advisable.
Thank you for your community service and for listening to this concern.
With best regards,
-Grant Thompson,PhD,PLA
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Attachment C
Zoning Code Requirements for Accessory Structures
Sec. 29.408 Other General Development Standards
**********
(7)Requirements for Private Garages and Other Accessory Buildings.
(a) The following requirements apply to private garages and accessory buildings in
Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. No detached garage or accessory building is allowed in the front yard, or
within the side yard setback adjacent to public right-of-way in the case of
corner lots.
b. A detached garage or accessory building holly or partially within the side
yard shall meet all the same side setbacks as required for the principal
building except in the case of a corner lot. In the case of a corner lot a garage
or accessory building may be placed within 3 feet of the side lot lines,
provided the garage is set back a minimum of 25 feet from the abutting
streets and provided the garage or accessory building is located in the side
yard that does not abut the front yard where the principal building is
addressed.
c. A detached garage or accessory building wholly within the rear yard shall
be a minimum of 3 feet from the abutting propea line.
d. In cases in which the rear yard of a lot abuts the front yard of an adjoining
lot,a detached garage or accessory building in the rear yard shall be not less
than 6 feet from the adjoining property line for the distance of the required
front yard setback on the adjoining lot.
e. In no case shall a detached garage or an accessory building in the rear yard
be placed closer than 15 feet to any lot line that abuts a street.
(ii) Height.
a. A detached garage or accessory building on the same lot with a 1 story
principal building shall not exceed the height of that principal building.
b. Detached garages or accessory buildings on the same lot with a principal
building that is taller than I story shall not exceed 80%of the height of the
principal building or 20 feet,whichever is lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall not occupy
more than 25%of the rear yard.
b. The maximum gross floor area shall not exceed 900 square feet for a
detached garage or accessory building/structure to a Single Family
Dwelling or 1,200 square feet for accessory uses to a Two Family Dwelling.
c. In any Agricultural or Residential district the cumulative garage door
opening width shall not exceed 30 feet for a Single Family Dwelling. Doors
less than 8 feet in width,such as for lawn and garden equipment,are exempt.
A cumulative width of all garage door openings exceeding 30 feet may be
approved if
(i) the cumulative garage door openings that are generally parallel to
and visible from the street are 20 feet in width or less,and
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(ii) the additional garage door openings are located generally
perpendicular to the street or are not visible from the street.
d. Two Family Dwellings are limited to a garage door width of 20 feet per
dwelling unit. Doors less than 8 feet in width, such as for lawn and garden
equipment,are exempt.
(iv) General Requirements.
a. Driveways to streets. The driveway leading from a street to the entrance of
a detached or attached garage shall be at least 20 feet long measured from
the property line.
b. Driveways to alleys. The garage door opening to a detached or attached
garage that opens to an alley shall be located either 8 feet from the property
line abutting the alley or a minimum of 20 feet from the property line
abutting the alley.
c. No detached garage or accessory building shall contain habitable space
and/or a bathroom, except for recreational uses requiring plumbing such as
a pool house.
d. The construction of a detached garage or accessory building shall not
precede the construction of the principal building on the same lot.
(b) The following requirements apply to private garages and accessory buildings to legally
nonconforming Single Family and Two Family Dwellings in Commercial and Industrial
Districts:
(i) No detached garage or accessory building is permitted in the front yard.
(ii) A detached garage or accessory building is permitted in the side or rear yard on the
same lot with a Single Family or Two Family Dwelling in Commercial Districts,
provided it maintains the same side and rear yard setbacks that a principal building
of a commercial nature would be required to maintain.
(iii)A detached garage or accessory building is permitted in the side or rear yard on the
same lot with a Single Family or Two Family Dwelling in an Industrial District,
provided the same side and rear yard setbacks for a permitted structure in the district
are maintained.
(c) When a special use permit is required for an institutional use, garages and accessory
buildings/structures shall be exempt from that requirement, if the accessory structure does
not exceed 900 square feet. Garages and accessory structures for an institutional use
exceeding 900 square feet require approval of a special use permit.
(d) The following requirements apply to shared common lot line garages and accessory
buildings in Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. Shared common lot line garages shall be permitted only on lots where an
existing common lot line garage exists, or on lots where substantial proof
can be submitted indicating a shared common lot line garage had previously
existed.
b. No detached garage or accessory building is allowed in the front yard, or
within the side yard setback adjacent to public right-of-way in the case of
corner lots.
(ii) Height.
a. A detached garage or accessory building on the same lot with a one story
principal building shall not exceed the height of that principal building.
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b. Detached garage or accessory buildings on the same lot with a principal
building that is taller than one story shall not exceed 80% of the height of
the principal building or 20 feet, whichever is lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall not occupy
more than 25%of the combined rear yard of the two subject lots.
b. The structure should not exceed a maximum of 1,200 square feet shared
between the two properties.
c. In any Agricultural or Residential district the cumulative garage door width
shall not exceed eighteen (18) feet per lot. Doors less than eight feet in
width, such as for lawn and garden equipment, are exempted from this
requirement.
(iv) General Requirements.
a. Driveways to streets. The driveway leading from a street to the entrance of
a detached or attached garage shall be at least 20 feet long measured from
the property line.
b. Driveways to alleys. The driveway leading from an alley to the entrance of
a detached or attached garage shall be at least 8 feet long.
c. No detached garage or accessory building shall contain habitable space
and/or a bathroom, except for recreational uses requiring plumbing such as
a pool house.
d. The construction of a detached garage or accessory building shall not
precede the construction of the principal building on the same lot.
(v) Special Setbacks.
a. In cases in which the rear yard of a lot abuts the front yard of an adjoining
lot,a detached garage or accessory building in the rear yard shall be not less
than 6 feet from the adjoining property line for the distance of the required
front yard setback on the adjoining lot.
b. In no case shall a detached garage or an accessory building in the rear yard
be placed closer than 15 feet to any lot line that abuts a street.
(vi) Agreement. All shared driveways and shared common lot line garages shall be
acknowledged as such and the respective owners of the affected lots shall have the
right to use such driveways and shared common lot line garages jointly. Cross
easements shall be granted over, across and under that portion of each owner's lot
where such shared driveway is located. In addition, the rights and responsibilities
for the construction, maintenance, repair and rebuilding of such driveway and
shared lot line garage shall be addressed in the cross easement
documents and submitted to staff.
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Attachment C- continued
Placement Options for Accessory Buildings
in Residential Zoning Districts
LEGEND-
Areas where Placement Prohibited:
Front Yard
Rear-3'from property line(including eaves)
Side-6'from property line(one-story principal jtruc,
8'from property line(two-story principal s
KXWXX
Garage
X
X
X
Garage
Principal
Structure
yet
I III I I
x
;. Garage
Principal
Structure w
w
Principal
Structure
STREET
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Attachment D
Neighborhoods with Potentially Nonconforming Accessory Structures
Legally nonconforming accessory structures are found throughout older parts of Ames.
Staff did a visual survey of aerials in the areas highlighted below to estimate how many
accessory structures that are not wholly behind primary structures are encroaching into
side and rear setbacks.
The neighborhoods in and around Oldtown are zoned "UCRM" Urban Core Residential
Medium Density and "RM" Residential Medium Density. The neighborhood south of the
Iowa State campus is zoned mostly "RL" Residential Low Density with a few properties
at the north end zoned "RH" Residential High Density. In all four zones (RL, RM, UCRM,
and RH), the front setback is 25 feet, and the side setbacks are 6 feet for a one-story
structure and 8 feet for a two-story structure. In RL and UCRM the rear setback is 20 feet-,
in RM and RH, the rear setback is 25 feet.
In the Oldtown area, out of a total 845 residential properties, 477 had structures which
were not wholly behind the primary structure, and which encroached into the rear or side
setbacks. The map below includes non-residential properties, which are not included in
the 845 figure.
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In the South Campus area, out of 263 residential properties, 139 had structures which
were not wholly behind the primary structure, and which encroached into at least one of
the setbacks. The old Crawford Elementary School on Stanton Avenue was excluded
from the 263 figure.
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Attachment E
Regulations for Accessory Structures of Selected Cities
Ankeny
Sec. 191 .07(1) — One-family and two-family residence districts and use areas.
No accessory building in one-family and two-family residential zone districts and
use areas shall be erected in any yard other than a rear yard, except as provided
herein. All accessory buildings including garages shall be set back a
minimum of three feet (3) from side and rear lot lines of adjoining lots in any
residential zone district and use area and accessory buildings except for
garages which front an alley shall be setback a minimum of five-feet from alley
right-of-way lines. Garages which front an alley in an residential zone district or
9 Y 9 Y Y
use area shall be set back either seven feet (7) or a minimum of 18-feet from the
alley right-of-way. Accessory buildings and structures on corner lots shall conform
to front yard setback regulations on both streets. (See Section 191.05.) Accessory
buildings on one and two-family residential lots shall not occupy more than ten-
percent (10%) of the total square footage of the lot. No single accessory building
for one-family and two-family lots shall exceed 1010 square feet in size, and all
conforming one-family and two-family residential lots shall be permitted up to 720
square feet of detached accessory building use.
Des Moines
Sec. 135-2(C) - Outbuilding and Detached Garage.
A fully enclosed building on a lot that is detached from the principal structure on the same
lot. A principal structure is required, unless otherwise stated. Typical outbuildings include
detached garages, pool houses, workshops, barns, or sheds.
1 . Side and Rear Setback. Minimum side and rear setback of an
outbuilding shall be five feet.
2. Alley. Where a garage is accessed off an alley with pavement narrower than
20 feet, the garage shall be set back from the alley lot line to allow 24 feet
from the opposite edge of alley pavement to the garage door.
3. Height. The maximum height of the outbuilding may be generally no taller
than one-half story less than the principal building; however, in the event
that the principal building is one story in height, the outbuilding may not
exceed the height of the principal building.
4. Residential Districts. The lot coverage of all accessory structures, including
an outbuilding, shall not exceed 576 square feet or 25% of the rear yard,
whichever is greater, on a lot zoned Neighborhood (N) or Neighborhood Mix
(NX).
5. Character. The outbuilding shall be compatible in color and character with
the primary structure on the lot.
6. Accessory Household Unit. If a permitted AHU is contained within an
outbuilding, then the requirements of subsections 4, 5, and 8 of section 135-
2.22.21 of this article shall also apply.
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West Des Moines
Sec. 9-7-4(9) Bulk Regulations, Minimum Setbacks And Building Separations For
Accessory Buildings And Structures In Residential Districts:
a. See chapter 14, "Accessory Structures", of this title for additional standards
and construction requirements for accessory buildings and structures.
b. Accessory buildings and structures that meet the minimum separation
distance from the principal building are considered detached accessory
structures. In such case, the detached accessory structure must meet the
setback requirements as noted in table 7.5 of this subsection C9.
C. Accessory structures that do not meet the minimum separation from the
principal structure are considered part of the principal structure, no matter
if they are physically separate from the principal structure. In such case, the
accessory structure must meet the setback requirements for a principal
structure except as noted below.
(1) Accessory structures (other than fences and walls) that do not
exceed thirty inches (30") in height as measured from grade to the
highest element and any railing or trellis designed to be open fifty
percent (50%) or more may follow the detached accessory structure
setbacks, no matter their proximity to the principal structure.
(2) Accessory structures that are considered part of the principal
structure and which exceed thirty inches (30") in height must be
setback a minimum of twenty feet (20') from the rear property line(s)
and must meet the pertinent side and front yard setback of the
principal structure.
d. Accessory structures cannot encroach into any buffer area or perimeter
setback.
e. In a footprint development, detached accessory structures and fences are
not allowed within footprint lots and are only allowed for development use
on common property.
f. Accessory buildings over one thousand (1,000) square feet, which are only
permitted in Residential Estate, Agricultural/Open Space zoning and for
religious, institutional, or civic uses within residential districts, shall meet the
minimum front yard setback of their respective zoning district and be set
back a minimum of twenty feet (20') from the side and rear property lines.
g. Accessory buildings over one thousand five hundred (1 ,500) square feet in
multi-family Residential Districts must meet primary building setbacks and
separations including setbacks adjusted for primary building height.
TABLE 7.5
DETACHED ACCESSORY STRUCTURES
Single Family Zoning Districts
_
Required Standards OS RE RS R CR VJ MH VJHB
<8,000' >8,000'
Front yard setback' 50' 50' 30' 35' 30' 20' 20' 20' 20'
Rear and side yard setback 5' 5' 5' 5' 5' 5' 5' 5' 5'
15
Setback from alleys where the structure 20' 20' 20' 20' 20' 20' 20' 20' 20'
accesses the alley
Minimum separation between accessory
buildings or structures under 1,000 sq 10, 10' 1C' 10' 10, 10' 10, 10' 10,
ft. and all other buildings
Sec. 9-14-6: ACCESSORY BUILDINGS:
A. Accessory buildings shall be allowed only in conjunction with the principal
structure, and primary use to which it relates under the same terms and
conditions as the principal structure, and primary use in any zoning district
unless otherwise noted in this chapter.
B. Setbacks for accessory buildings, in all zoning districts, which are not
specifically spelled out below, shall meet the requirements set
elsewhere in this title under setback and bulk density regulations.
1 . On corner lots unless noted otherwise, detached accessory
buildings shall meet the front yard setback along each street
frontage, as required for the principal structure.
2. On detached accessory buildings, when the exterior wall
parallel to the property line exceeds eight and one-half feet
(8'/2') in height, including the foundation or retaining wall, or
exceeds twenty four feet (24') in length, that wall shall be set
back from the property line a distance equal to the total exterior
wall height. This setback minimum shall not preclude other yard
setback or easement requirements.
3. When the vehicle entrance for a garage faces a street or alley,
the setback from the alley shall be a minimum of twenty feet
(20').
C. Accessory buildings, constructed as part of the principal building, or
connected to the principal building by a breezeway or similar structure. or
constructed within ten feet (10') or less of the principal structure, shall be
considered an attached accessory building. Attached accessory buildings
that include a roof(such as a covered porch, screen room, sunroom, garage
and carport) will be considered part of the primary building and unless noted
otherwise, must meet the primary building setbacks.
D. Accessory buildings in residential zoning districts may occupy up to ten
percent (10%) of the total lot area in which it is located. Except, in RS. R-1 ,
SF-VJ, and SF-CR Zoning Districts and for religious, institutional, or civic
uses within residential districts, the square footage for an accessory
building, or the combined square footage of all detached accessory
buildings on the property, shall not exceed one thousand (1 ,000) square
feet.
E. In RS, R-1 , SF-VJ, and SF-CR Zoning Districts, the maximum roof peak
height of detached accessory buildings shall not exceed twenty feet (20').
The height of retaining walls or the foundation shall be included in the height
measurement.
F. In RS, R-1 . SF-VJ, and SF-CR Zoning Districts, exterior walls of detached
accessory buildings shall not exceed twelve feet (12') in height. The wall
height shall be measured from existing grade, and the height of retaining
walls or the foundation shall be included in the height measurement.
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G. Existing detached garages with a side or rear yard setback of at least three
feet (3'), which meet all of the other provisions of this section, may be
repaired or reconstructed with the same setback requirements. However
any additions must meet the current setback requirements.
H. The design of accessory buildings shall be in keeping with the character of
the zoning district they are located in, with comparable architectural design,
materials and details to the principal structure, including roof slope,
overhangs, etc. Any metal cladding shall be prefinished and have the
appearance of the materials used on the primary building. Galvanized metal
is prohibited as the exterior finish material in residential zoning districts.
I. A carport cannot exceed one story in height and must be entirely open on
two (2) or more sides except for structural supports. There can be no
enclosed use above a carport. No other items other than a motor vehicle
may be kept in the carport unless those items are kept in an enclosed
section of the carport and are not visible. A carport is considered an
accessory building and shall meet the requirements for accessory
structures set elsewhere in this title. Carports are not considered enclosed
garage space for residential uses. The design of a carport shall be in
keeping with the character of the zoning district they are located in, with
comparable architectural design, materials and details to the principal
structure, including roof slope, overhangs, etc. Exposed metal structure is
prohibited. Any metal cladding shall be prefinished and have the
appearance of the materials used on the primary building. Galvanized metal
is prohibited as the exterior finish material in residential zoning districts.
J. All light fixtures mounted on, or in proximity to, accessory buildings shall be
downcast or shielded and located to eliminate glare and spillover lighting
beyond the property line.
K. Driveway and parking areas that lead to accessory buildings, which are
utilized by motorized vehicles licensed for use on public roadways, shall be
concrete, asphalt, or a similar paved surface. New gravel driveways and
parking areas are prohibited.
L. Dog runs, dog pens and housing, play sheds, play structures, swing sets,
and similar, shall abide by the setback and height provisions for accessory
buildings.
Iowa City
Sec. 14-4C-3(B)(2)(c)(1)(A):
Along street-side lot lines, accessory buildings must comply with the front, principal
building setback requirement. Along side or rear lot lines that are not street-
side lot lines, accessory buildings must be set back at least five feet (5') from
the side or rear lot line. This five foot (5') setback requirement may be
reduced if an accessory building is set back at least sixty feet (60') from the
edge of the street pavement. In such cases, the building may be located
within three feet (3') of a side or rear property line. However, garages and
carports entered directly from an alley must be set back at least five feet (5') from
the alley right-of-way line. regardless of how far back the structure is from the
street.
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