§ 7.02.00. Accessory structures.

7.02.01.

Generally.

A.

It is the intent of this section to regulate the installation, configuration, and use of accessory structures. Regulation is necessary in order to ensure that accessory structures are compatible with the surrounding neighborhood and are consistent with the character and intent of the zoning district in which the accessory structures are located.

B.

Permissible accessory uses and structures are identified in Table 2.03.04.

C.

Accessory structures shall be on the same lot and subordinate to the principal use or structure.

D.

Standards for specific accessory structures are set forth in sections 7.02.02 through 7.02.07. All accessory structures shall comply with the standards set forth below:

1.

Accessory structures shall be located within the side or rear yard, unless otherwise provided in sections 7.02.02 through 7.02.07 and except for buildings in RA zoning districts where the lots are a minimum of three (3) acres in area and are not part of a platted subdivision can be located in the front yard;

2.

Accessory structures shall not be erected on a lot prior to the construction of the principal structure, except for the agricultural purpose storage buildings in RA zoning districts where the lots are a minimum of three (3) acres in area and are not part of a platted subdivision;

3.

Accessory structures shall be included in all calculations for impervious surface ratio or lot coverage standards and for stormwater management standards;

4.

Accessory structures, other than fences located in compliance with the requirements of section 7.02.04, shall not be located within any required buffer or landscaping area, parking lot, protected resource area, or stormwater management area;

5.

Accessory structures located in any residential zoning district shall not be used for any type of commercial operation, except as provided in section 7.01.04;

6.

Accessory structures shall not be used as a dwelling unit, except as provided in section 7.02.02 which sets forth standards for accessory dwellings;

7.

Accessory structures shall comply with the dimensional standards set forth in the following table:

Table 7.02.01(D) Dimensional Standards for Accessory Structures

Design Feature	Standard
Setbacks
From side and rear property lines	10 feet
From corner lots	See section 4.01.02.D
From recorded easements for drainage, sanitary sewer, and other utilities	Prohibited within easements
Maximum height:
Agricultural support structures, barns, and silos	None
Within platted subdivisions in RA	25 feet
Airplane hangars	35 feet
All other RA developments	35 feet
All other districts	25 feet
Separation from principal building	10 feet
Maximum floor area
On parcels, greater than one acre and located in the RA zoning district outside of a subdivision	No limitation
In RA subdivisions	50% of heated space
All other zoning districts	50% of the heated floor space of the primary dwelling

 

7.02.02.

Accessory dwellings (guest houses, caretaker houses).

A.

Accessory dwellings include basement apartments, garage apartments, caretaker or other employee quarters, guest houses, and other accessory dwellings.

B.

Accessory dwellings shall not be used as rental property.

C.

Accessory dwellings are permissible within the principal dwelling or as a freestanding dwelling in the following zoning districts: RA, R-1, R-2, R-3, R-4, R-5 and RS. Accessory dwellings are permissible within the following zoning districts as freestanding dwelling units: M-1 and M-2.

D.

Accessory dwellings contained within a principal dwelling in the RA, R-1, R-2, R-3, R-4, R-5 or RS zoning districts shall comply with the following standards:

1.

There shall be no more than one (1) accessory dwelling in a principal dwelling unit.

2.

One (1) additional parking space shall be provided to serve the accessory dwelling.

3.

The accessory dwelling shall comply with all building and health code standards.

E.

Freestanding accessory dwellings in the RA, R-1, R-2, and R-3 zoning districts shall comply with the following standards:

1.

There shall be no more than one (1) freestanding accessory dwelling unit per residential lot.

2.

The accessory dwelling unit may be located on the second floor over a detached garage or may be a separate structure.

3.

The accessory dwelling shall be located within the side or rear yard except in the RA zoning districts where the lots are a minimum of three (3) acres in area and are not part of a platted subdivision the accessory dwelling can be located in the front yard.

4.

Accessory structures shall comply with minimum setbacks set forth in [section] 2.01.02.

5.

The residential lot shall comply with the minimum lot area standards set forth in Table 2.01.01, except that in no case shall an accessory dwelling unit be located on a lot with less than eighteen thousand (18,000) square feet of lot area if the property is served by county sewer; lots must be thirty thousand (30,000) square feet if utilizing an on-site sewage management system.

6.

One (1) additional parking space shall be provided to serve the accessory dwelling unit.

F.

Freestanding accessory dwellings in the M-1 and M-2 zoning districts shall comply with the following standards:

1.

There shall be no more than one (1) accessory dwelling unit per development site;

2.

The accessory dwelling shall be intended for use by a caretaker or security person for the industrial development; and

3.

The accessory dwelling shall not exceed one thousand five hundred (1,500) square feet in floor area.

7.02.03.

Fall-out shelters.

A.

Fall-out shelters are permitted as an accessory use in any zoning district.

B.

Shelters shall be maintained so as not to become a hazard or blight to the community.

C.

One (1) fall-out shelter shall be permissible per lot.

D.

A fall-out shelter shall comply with the setback requirements pertaining to the zoning district.

E.

A joint shelter may be constructed to serve two (2) adjacent lots with an administrative waiver (see section 11.03.00).

7.02.04.

Fences and walls.

A.

Location of fences and walls.

1.

Fences and walls may be located on or inside property lines.

2.

Setback requirements applicable to buildings shall not prohibit or restrict any necessary retaining wall, below ground foundation, or fence which shall be necessary for the proper development of a site as required by the county.

3.

Fences and walls shall be located to avoid interference with the required clear visibility area designated in section 8.01.07.

4.

Fences and walls shall not obstruct, hinder, or impede the movement of pedestrian and vehicular traffic, and shall not present a nuisance, danger, or hazard to the general public.

5.

Fences and walls do not require a building permit, with the exception of walls exceeding four (4) feet in height.

B.

Types of fences.

Table 7.02.04(B) Types of Fences.

Fence Type	RA	R-1, R-2, R-3, R-4, R-5, RS, RD, RM, RMH		MU, OI, C-1, C-2, C-3, IAC, M-1, M-2
		Within subdivisions	Not within a subdivision
Decorative: wood, stone, masonry, wrought iron	Permitted*	Side and rear yards only	Permitted*	Permitted
Chain link	Permitted*	Side and rear yards only	Permitted*	Permitted
Barbed wire	Permitted	Prohibited	Side and rear yards only; limited to top of the fence or wall	Limited to top of the fence or wall
Welded or hog wire	Permitted	Prohibited	Side and rear yards only	Prohibited adjacent to residential zoning districts
Electric	See section 7.02.04.C	Prohibited	Side and rear yard only: See section 7.02.04.C	Permitted: See section 7.02.04.C

 

* All requests for a fence in the front yard shall be handled administratively, based on a justification and/or hardship. The request will be evaluated by the Architectural Review Committee.

C.

Electrical fencing shall meet the following standards:

1.

Electrical fencing shall be permissible only on residential lots that are not within a platted subdivision;

2.

Electrical fencing shall be limited to the side and rear yard, except on parcels that have more then three (3) acres and are not within a platted subdivision, which may have electric fencing anywhere on the property;

3.

Signs are required to provide a warning of the type of fence and the voltage of the fence;

4.

Warning signs in residential zoning districts shall be placed at each corner of an electrical fence;

5.

Warning signs in nonresidential zoning districts shall be placed fifteen (15) feet apart along the entire fence; and

6.

Warning signs shall not exceed four (4) square feet in area.

D.

Height standards.

1.

Heights of fences shall be measured from ground level at the base of the fence to the topmost part of the fence.

2.

Table of height standards.

Table 7.02.04(D)(2). Height Standards for Fences.

Zoning District	Maximum Height
RA, R-1, R-2, R-3, R-4, R-5, RS, RD, RM, RMH
Front yard	6 feet
Side and rear yard	8 feet
MU, C-1, C-2, C-3, IAC, M-1, M-2	8 feet

 

7.02.05.

Outside storage.

A.

Outside storage involving machinery and equipment, service areas for vehicles in need of major service or repair, materials for construction or distribution is permissible only in the C-3, M-1, and M-2 zoning districts.

B.

Outside storage involving machinery and equipment is permissible only in the RA zoning district (not within a subdivision) on a minimum lot size of two (2.0) acres, where the machinery or equipment is not visible from the public right-of-way.

C.

Outside storage shall be located within a rear yard or side yard.

D.

Outside storage shall be fully concealed with a solid fence, in addition to any buffer requirements set forth in section 5.02.00.

E.

Outside storage of parts and materials, service areas, refuse, or work activity areas shall be maintained in a neat and orderly manner.

F.

Materials shall not be stored within any required buffer area.

7.02.06.

Satellite dish antennas.

A.

Residential satellite dish antennas shall be permitted as an accessory use only in rear and side yards unless it can be documented that reception is impaired by such a location.

7.02.07.

Swimming pools and pool enclosures.

A.

Swimming pools, accessory to residences, shall be constructed in accordance with the Swimming Pool Code as adopted by Henry County and shall be approved by the Environmental Health Department prior to obtaining a building permit.

B.

All residential accessory swimming pools shall meet the following standards:

1.

A swimming pool shall comply with minimum side and rear yard requirements for accessory structures. Setbacks for accessory swimming pools shall be measured from the decking or closed part of the pool structure to the property line.

2.

A pool shall be enclosed by a security fence of not less than four (4) feet in height from ground level. All above ground pools which are greater than four (4) feet in height shall not be required to be enclosed by a fence, but the entrance to such pool shall be restricted with a gate. A gate shall be installed at all entrances to any deck structure attached to such pool and/or at all ladder structures accessing such pool.

3.

All gates attached to such security fences shall contain self-closing positive latch devices to ensure the pool is enclosed and secure at all times.

4.

The required security fence shall be installed prior to occupancy and/or any use of the swimming pool.

5.

No ladders shall be affixed to a pool for purposes of entry or exit while self-closing positive latch entrance gates are open.

6.

All security fences shall be installed with a solid and permanent foundation, which shall include fastening such materials a minimum of one (1) foot into the ground.

7.

A security fence may include decorative materials, such as brick, wrought iron, stone, wood, or masonry.

C.

Any constructed or prefabricated pool used other than in conjunction with a private single-family residence shall be deemed a public swimming pool.

1.

Public pools, including, but not limited to, those constructed and operated by a public agency, or as part of a multiple-family residential development, a subdivision association, a two-family residential development, a condominium association or a private club shall be enclosed by a security fence of not less than five (5) feet in height.

2.

Security fences shall be transparent and shall not include privacy fences or fences that obstruct the view of the pool from the outside.

3.

Security fencing and gates shall comply with the standards in subsection 7.02.07.B., above.

4.

Swimming pools shall comply with the standard setback requirements within its zoning district.

7.02.08.

Employee support facilities in the OI, C-1, C-2, C-3, IAC, M-1, and M-2 zoning districts.

A.

The following facilities may be allowed to serve employees of the establishment: Child day care facilities; cafeteria, restaurant, coffee shop, deli, or dining room; newsstand; fitness center or similar recreation facility; and banks.

B.

The facility shall be an integral part of a permitted principal use. It shall be located, oriented, and designed to serve the employees of the principal use.

C.

Employee support facilities may be located within the principal building on the site, and shall meet the following standards:

1.

Any individual facility listed in paragraph A., above shall be limited to ten (10) percent of the total floor area of the principal building(s) on the site.

2.

The cumulative total floor area for all employee support facilities shall not exceed twenty-five (25) percent of the total floor area of the principal building(s) on the site.

D.

Employee support facilities may be located in an accessory structure, and shall meet the following standards:

1.

The accessory structure shall meet the standards in subsections 7.02.01.D.1 through 4.

2.

Employee support facilities may be combined within one (1) accessory building. No more than two (2) accessory buildings shall be permissible for purposes of locating employee support facilities.

3.

Accessory buildings to contain employee support facilities may share the parking lot serving the principal building, provided that the accessory building is no more than six hundred sixty (660) feet from the principal building.

E.

Signs to identify employee support facilities shall be limited to wall signs, not to exceed four (4) square feet in sign area, or directional signs, not to exceed two (2) square feet in sign area.

F.

Employee support facilities shall not indicate availability to the public through signage, advertising, or other methods to attract the general public.

(Ord. No. 10-20, § I(11), 6-15-10; Ord. No. 12-23, § I, 7-17-12 ; Ord. No. 14-05, § I, 2-4-14 )