Effective January 2, 2004

                                                     ARTICLE 37 - ACCESSORY USES 

SECTION 3701              PERMITTED ACCESSORY USES - RESIDENTIAL AND AGRICULTURE RESIDENTIAL DISTRICTS 

The following accessory uses are permitted in each Residential District: 

A. A structure incidental to a permitted use as defined in Section 203.01. 

B. Recreational equipment, subject to the following conditions: 

1. Parked or stored camping and recreational equipment as defined by Article 2 may, for maintenance purposes, be connected to electricity, water, gas, or sanitary sewer facilities; but at no time shall this equipment be used for living or housekeeping purposes. 

2. Any parked or stored camping or recreational equipment located in the front yard must be located in the driveway or on a hard surface or graveled area as may be determined by the Zoning Administrator. 

C. Shelter for the protection of school age children from the elements, subject to the following conditions: (Z-3-90) 

1. Shall not be permanently affixed to the ground. 

2. Shall not exceed twenty (20) square feet in floor area nor eight (8) feet in height. 

3. Shall be maintained so as not to detract from the residential character of the neighborhood. 

4. Shall not be placed in the right-of-way. 

5. A Zoning Certificate shall not be required. 

D. Temporary housing for living purposes during construction of the permanent dwelling for a six (6) month period.  Should an extension be needed, a variance from the Board of Zoning Appeals is required with a maximum of eighteen (18) months total.  At the end of the permit time and/or occupancy, whichever occurs first, the temporary housing shall be removed.  (Z-4-90)

E. Garage Sales (Entire - Z-1-93) 

(Including patio, basement, yard or block sales) may be held from 8:00 a.m. to sundown. 

1. No sale may extend for more than three (3) consecutive days (or portions thereof). 

2. No more than three (3) garage sales per dwelling unit may be held on any such zoning lot in any calendar year. 

3. No person conducting a garage sale under the provisions of this Article shall sell or offer for sale any food or beverage for consumption on the premises.  Food or beverage may be provided for such consumption at no cost to the consumer, but only if permit is obtained in advance from the Board of Health. 

4. No fee or other charge shall be imposed upon members of the public attending any such sale. 

5. One non-illuminated sign not exceeding four (4) square feet in size, nor more than three (3) feet in height above grade may be displayed on the property where the sale is being held. 

6. Off-premises directional type signs (a maximum of two (2) signs) may be used in conjunction with such garage sale providing they do not exceed four (4) feet in height, and are limited in number to not more than one (1) such directional sign per collector or arterial type roadway.  All signs shall be removed within twenty-four (24) hours following the conclusion of the garage sale. 

7. Streamers, special lighting, noise making devices, or other similar advertising displays or notices shall not be used to call attention to garage sale.

SECTION 3702              PERMITTED ACCESSORY USES - BUSINESS AND INDUSTRIAL DISTRICTS 

In a Business or Industrial District, any use which is customarily found in conjunction with and required for the full utilization and economic viability of the principal use which meets the definition of accessory use in Subsection 201.01 and which complies to the applicable standards of the district in which it is located is permitted. 

SECTION 3703              ACCESSORY USES NOT PERMITTED - AGRICULTURE DISTRICTS 

No accessory use shall be permitted which constitutes a danger to life, safety, morals or the general welfare of the people of Clay Township. 

SECTION 3704              PORTABLE STORAGE UNITS 

A. Portable Storage Unit shall mean any enclosed unit of whatever type construction or material designed for permanent or temporary storage which can be transported by a vehicle and left on-site. 

B. Portable Storage Units are not permitted as a principal permitted accessory use or as a conditional use in any residential, office business, business or agricultural zoning district. 

C. The prohibition above in 3704-A and B for Portable Storage Units shall not apply to the following: 

1. Temporary construction sites. 

2. When necessary to facilitate clean-up and/or restoration activities resulting from a natural disaster of fire or flood for a period of no more than one hundred eighty (180) days provided that a permit is obtained from the Zoning Department. 

3. When the occupant of the property is relocating, a portable storage unit may be located on the property for a period not to exceed ten (10) consecutive days and not more than twice per year, provided that a permit is obtained from the Zoning Department and that the unit is not placed in the public street, road, alley, or public right-of-way. 

4. The unit must not be stored in the grass and should be on a hard surface on lots of less than one acre. 

5. No storage of hazardous materials is permitted. 

SECTION 3705              STANDARDS 

A. An accessory building may be erected as an integral part of a principal building, or it may be connected thereto by a breezeway or other similar structure. 

B. An accessory building may be erected, detached from the principal building.  No detached accessory building shall be erected in any required yard or court except a rear yard and shall not occupy more than thirty-five percent (35%) of the area of the required rear yard. 

C. For computing the percentage of occupancy of rear yard as required in Subsection B hereof, if a detached accessory building is connected to the principal building by a breezeway, the ground area of such breezeway shall be considered as a part of the accessory building and be included in the computation. 

D. A detached accessory building shall not exceed twenty-five (25) feet in height. 

E. A detached accessory building shall be at least ten (10) feet from the rear and side lot lines or one (1) foot for every foot of side wall height, whichever is greater. 

F. On a corner lot abutting in the rear the side lot line of a lot in a Residential District, any accessory building or part thereof shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street. 

G. Any accessory building if not located in the rear yard shall be an integral part of or connected with the principal building to which it is accessory and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as said accessory building.