§ 5.6. Accessory uses and structures.
No accessory building or use shall be constructed upon a lot until construction of the principal building has commenced, except in the case of a barn in the AG district, which may be permitted before construction of principal building. The preceding requirements shall not apply to accessory use and structures in the TND district.
Accessory structure. A structure detached from a principal building on the same lot and incidental and subordinate to the principal building.
Barn. Building traditionally used for storing hay, grain, etc., and often for housing livestock.
Farm outbuilding. A detached accessory structure used in AG only for farm related storage or activity.
Lot coverage. The cumulative square foot measurement of the principal building footprint, any accessory buildings' footprints, and accessory uses such as pools along with the concrete decking and tennis courts, as well as patios of impervious material.
A.
Location on lot. Where an accessory building is structurally attached to a main building it shall be subject to and must conform to all regulations of the ordinance applicable to the main building.
When an accessory building is attached to the principal building by breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is accessory.
On a corner lot, no accessory building or use shall be located closer to any street right-of-way line than the principal building setback.
Accessory uses and structures shall be located on the same lot or parcel as the principal use or structure. No garage or other accessory building or use shall be allowed within a front yard area or be located closer to ten feet to a side or rear lot line. A two-foot overhang for eves or gutters will be permitted within this ten-foot setback.
B.
Number and size. No accessory use, or structure, or combination of, shall exceed the number or total lot coverage area shown in the attached chart. Wells, pump houses, and well houses of less than 35 square feet, gazebos and other decorative structures of less than 120 square feet, farm outbuildings, and barns shall not be included in determining the allowable number or size. Except for barns and farm outbuildings in AG, no accessory structure may exceed the footprint of the principal structure.
C.
Height. No accessory building or portion thereof located in the required side or rear yard shall exceed 25 feet in height or the height of the primary structure, whichever is lower.
D.
Structure limitations. Accessory structures shall not be used as dwelling units or for lodging purposes except as otherwise provided herein. (See Guest houses section 5.6-13)
E.
Incidental uses. The following accessory uses and structures and similar uses and structures which are incidental to a residential use or use are permitted in their respective residential and AG districts, except for farm outbuildings which shall be permitted in the AG district only.
5.6-1 A children's playhouse, private greenhouse.
5.6-2 A swimming pool for private use. Pools shall be fenced with a sturdy material of chain link or of material and colors compatible with the main dwelling; that prevents entry that is continuous around the pool except for gate openings; that is a minimum of five feet in height; that has latches out of reach of children or at least five feet off the ground; and locked to exclude all persons unless a responsible person is at the pool.
5.6-3 A garage, shed or building for domestic storage.
5.6-4 Reserved.
5.6-5 Signs (other than advertising sign) as permitted and regulated in each district incorporated in this ordinance.
5.6-6 Public utility communication, electric, gas, water and sewer lines, their supports, and incidental equipment.
5.6-7 Carports.
5.6-8 A satellite disk or dish, subject to the same restrictions and requirements as sheds and storage buildings.
5.6-9 Domestic pets such as dogs and cats of an appropriate type and number kept inside or outside a structure but not violating health standards, constituting inhumane treatment or constituting a nuisance to neighbors. Farm animals, including horses are not domestic pets for purposes of this provision.
5.6-10 No fence or free-standing wall other than a retaining wall shall be more than eight feet in height or be constructed in a public right-of-way or future street right-of-way as defined by the Cherokee County Major Thoroughfare Plan. If a fence is adjacent to a public road right-of-way and within the required setback in a residential district such fence shall not exceed six feet in height respectively and shall further meet the requirements set forth in 5.7. If a fence is placed on the property line then it becomes an adjoining fence with that property owner. We recommend that fences be placed a minimum of six inches off the property line onto your property.
5.6-11 Guest houses. Guest houses are accessory structures which are allowed in the AG and Residential districts. Only one guest house shall be constructed concurrently with or after the construction of the principal structure. Any living area included in a detached garage or swimming pool cabana is a guest house. Mini-warehouse facilities may establish one resident-manager of the facility.
Accessory Structure Standards ZONE DISTRICT MAXIMUM LOT COVERAGE BY ACCESSORY STRUCTURES MAX NO. ACCESSORY STRUCTURES AG Unplatted AG Platted Subdivision 4.60% 3 R-80 Estate Residential 4.75% 3 R-60 Single-Family Residential 6% 3 R-40 Single-Family Residential 7% 3 R-30 Single-Family Residential 8% 2 R-20 Single-Family Residential 9% 2 R-15 Single-Family Residential 10% 2 RD-3 Single-Family Residential 12% 1 RZL Zero-Lot-Line 14% 1 This chart would exclude a home or pool or tennis court accessory structures only
(Ord. No. 95-0-10, § 1, 8-8-95; Ord. No. 98-O-14, §§ 2, 3, 8-28-98; Ord. No. 2002-Z-006, §§ 1—3, 8-20-02; Ord. No. 2007-Z-001, 7-17-07; Ord. No. 2007-Z-002, 8-7-07)