1. General Standards:

      A.   Principal and Accessory Uses:

         (1)   Cross-References in Table of Allowed Uses: The Use-Specific Standards listed in this Section 11-03-03 apply to those uses listed on the same line of Table 11-03.1, regardless of whether those uses are shown as allowed, conditional, accessory, or temporary uses. Modifications to these Use-Specific Standards may only be granted through the Conditional Use Permit process in Section 11-05-05.3.C.

         (2)   Resolution of Conflicting Standards: If there is a conflict between these Use-Specific Standards and the requirements in Chapter 11-04, Development and Design Standards, these Use-Specific Standards shall apply, unless otherwise noted.

      B.   Additional Standards for Accessory Uses:

         (1)   Purpose: This Section contains general standards for all accessory uses, which shall be customarily incidental and subordinate to principal uses.

         (2)   List of Accessory Uses and Structures: Commonly allowed accessory uses are shown in Table 11-03.1: Table of Allowed Uses, but that list does not include all possible uses that are secondary and subordinate to a principal use of land in each zoning district. All principal uses in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use and may be approved by a Zoning Certificate if the Planning Director determines that the proposed accessory use complies with this standard and with all Use-Specific Standards applicable to the use.

         (3)   General Standards for Accessory Uses and Structures: All accessory uses and structures shall comply with the following general standards, which are subject to the standards set forth in Section 11-03-03.2.B. In the event of a conflict between this Section 11-03-03.1.B(3) and Section 11-03-03.2.B, the provisions of Section 11-03-03.2.B shall apply.

            (a)   Subordinate to Principal Use: No structure or building shall be used for an accessory use unless the primary building is also being used. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use. The principal use and the accessory use shall be under the same ownership and shall use the same utility meter, with the exception of an approved Accessory Dwelling Unit. In a Residential district, the gross floor area of the accessory structure or building shall not exceed the gross floor area of the primary building.

            (b)   Timing of Accessory Uses and Structures: No accessory use may be established prior to establishment of the principal use with which such accessory use is associated.

            (c)   Location and Setbacks:

               i.   No detached accessory building or structure shall occupy any area in front of the primary building, unless approved by the Planning and Zoning Commission as a conditional use permit. However, on lots that have topographical or other physical constraints, the Planning Director may approve a detached accessory building or structure in front of the primary building.

               ii.   Regardless of their size, detached accessory buildings shall not encroach into required street side or front yard setbacks.

               iii.   Maximum setbacks do not apply to accessory buildings.

               iv.   Accessory structures such as decks and patios that are one foot or less in height as measured from the property's finished grade, may occupy any setback area.

               v.   Open post patio/shade covers, pergolas, and similar structures under 250 feet in area and less than 15 feet in height and attached to the home, may have rear yard setbacks of nine feet. Interior side yard setbacks shall be per the zoning district. For corner lots, a minimum 15-foot street-side yard setback is required. Structures that use these reduced setbacks shall not occupy more than 50 percent of the lot's rear yard widths.

               vi.   In-ground pools that are one foot or less in height, as measured from the property's finished grade, may occupy any rear or interior side yard area, provided a minimum three-foot setback is maintained from the pool apron or splashguard. Hot tubs, diving boards, decks, and other features that are more than one foot above grade shall be located outside of setbacks.

               vii.    Alley-Loaded Accessory Parking Structures:

                  A.    Alley-loaded parking and parking structures shall provide a backup area/space of at least 22 feet. This backup area/space may be within the alley and/or the lot but not within an accessory structure.

                  B.   A minimum five-foot paved apron is required regardless of alley width.

                  C.   For side entry alley-loaded garages the backup area shall be provided for on the lot and outside of the street side and side yard setbacks.

                  D.   Detached accessory parking structures that are less than 1,000 square feet in area and that are under 22 feet in height (from grade to the peak of the roof) may be built to the property line abutting an alley.

                  E.   Detached accessory structures over 1,000 square feet in area or over 22 feet in height (from grade to the peak of the roof) shall comply with the setback requirements applicable to primary structures.

               viii.   Residential Accessory Structures More Than 1,000 Square Feet in Area or 22 Feet in Height: A Zoning Compliance Review is required for accessory structures over 1,000 square feet in area or 22 feet in height (from grade to the peak of the roof), subject to the following:

                  A.   No commercial use shall take place within the building;

                  B.   The building shall be architecturally compatible with the primary building; and

                  C.   The building shall be compatible with neighboring properties in mass, and design.