Fulton Accessory structures and uses ordinance (§ 120-111)

(a) Intent. This section sets forth regulations regarding certain activities as being accessory to the main use of the premises. An activity will be considered an accessory use or accessory building when it is commonly associated with, integrally related to and a customarily incidental part of the main use of the property.

(1) The following shall apply to all accessory buildings in any zoning district:

a. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during building construction. See table 3, temporary uses, in section 120-51

b. No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall and meets the principal building setback requirements of the zoning district.

c. Accessory buildings may not be used for dwelling purposes.

d. An accessory structure shall be subordinate in area, extent of use, and fair market value to its principal building or structure.

e. No accessory building shall:

1. Be built closer than ten feet from the principal building, or closer than five feet from any other building on the lot.

2. Be built closer than five feet to the rear property line.

3. Be built closer than five feet to the side property line for interior lots.

4. Encroach into any easement.

5. Be used by anyone other than the property owner or tenant of the premises.

6. With the exception of alleys, be closer than 25 feet to any public right-of-way.

f. A driveway or walk to provide access to premises in one district shall not be permitted in a district of a higher classification.

g. Buildings or structures or uses which are necessary to the use permitted in one district shall not be permitted in a district of a higher classification.

(2) The following shall apply to residential accessory buildings in zoning districts (R-1, R-2, R-3, C-1, C- 2 and MH-1):

a. Private residential garages shall be used for residential purposes only and shall adhere to the limits in table 4, graduated increase in accessory structure.

Table 4 - Graduated Increase in Accessory Structure Size

Lot Size Maximum Allowable Structure Size

0 to 7,000 square feet 500 square feet

7,001 to 9,000 square feet 780 square feet

9,001 to 12,000 square feet 950 square feet

12,001 to 21,780 square feet (½ acre) 1,080 square feet

21,781 (½ acre) to 43,560 (1 acre) 1,500 square feet

43,561 (1 acre) to 65,340 (1½ acre) 2,000 square feet

65,341 (1½ acre) to 87,120 (2 acres) 2,500 square feet

87,121 (2 acres) to 108,900 (2½ acres) 3,000 square feet

108,901 (2½ acres) to 217,800 square feet (5 acres) 4,000 square feet

217,801 square feet (5 acres) or more 5,000 square feet for each 5 acres of property owned

b. Multiple accessory buildings shall be allowed provided the following are met:

1. Accessory structure must be located in a rear or side yard.

2. The combined total area of all accessory structures shall not occupy more than 30 percent of a rear yard or be more than the maximum limits from table 4, above.

3. No single accessory structure shall exceed the area requirements of table 4, above.

4. There shall be a minimum of ten feet between each accessory structure.

c. Any accessory buildings located ten feet or less to a main building must be an integral part of the main building and maintain all setback requirements.

d. An accessory building more than ten feet from a main building may be erected within five feet of a side or rear lot line, but must be located at least 60 feet from the front street line.

e. Where a garage is entered from an alley, garage foundation must be at least ten feet from the property line.

f. In the MH-1 district, no accessory building or structure shall exceed one story or 15 feet in height.

(3) The following shall apply to accessory uses in residential zoning districts (R-1, R-2, R-3 and MH-1):

a. For the swimming pools and structures of less than 200 square feet (e.g., gazebos, pergolas, etc.) a minimum five-foot setback from any side or rear lot line shall be required.

(4) The following shall apply to accessory uses in non-residential zoning districts (C-1, C-2, C-3, M-1 and M-2):

a. Accessory uses may be zero feet from any interior, side or rear property line unless the lot abuts a residential dwelling or a lot zoned for residential purposes, in which case a setback of five feet shall apply.