17.40.030 Permit Requirements and Exceptions.
Unless otherwise provided below, all accessory buildings and structures shall require zoning clearance at the time of building permit review or prior to development/installation to ensure compliance with the applicable regulations of this chapter.
A. Special Structure Permit Required. The following specific structures shall require the issuance of a special structure permit from the designated approval authority (planning commission as described in Table 17.06.070-1) prior to development/installation:
1. Athletic courts that are located outside the required setback area (see section 17.40.050(A)).
2. All inflatable covers (see section 17.40.050(G)).
3. Roof-mounted antenna taller than the height limit of the structure to which it is attached. The antenna must be capable of being retracted to a height less than that allowed for the type of building on which it is mounted when it is not in use.
4. Satellite dishes larger than one meter in any dimension, either ground- or building-mounted. Note, the designated approval authority (planning commission as described in Table 17.06.070-1) shall not have the discretion to deny such permit, but shall review each application for conformity to the requirements of this chapter.
5. Arbors and trellises larger than specified in section 17.40.050(B) (Development Standards for Specific Types of Accessory Structures).
6. A pool or spa, exclusive of equipment, when located outside of the area generally allowed, described in section 17.40.040 (General Development Standards) and figure 17.40.040-1 (General Setback Standards for Accessory Buildings and Structures for Interior Lots). See also section 17.40.050(E).
B. Exempt Accessory Buildings and Structures. No zoning clearance or special structure permit is required for the following buildings and structures.
1. Accessory buildings with a floor area that is less than one hundred twenty square feet in size with no portion of the structure more than eight feet in height with the following conditions:
a. Structures shall not be located in a required front yard except as otherwise provided.
b. In order to maintain necessary fire breaks, accessory buildings shall be set back a minimum of ten feet from side and rear property lines with a minimum eight-foot separation from the main building.
2. Bridges and walkways over private ponds, creeks, and other features, when located on private property.
3. Mailboxes, flagpoles, outside lighting on poles not over three feet tall, and benches to be used for seating.
4. Driveways, walkways, patios, and other flat wood, concrete, or asphalt work or other similar materials not over six inches above grade.
5. A well, located less than six inches above grade, exclusive of tanks, controls, separator discharge plumbing, or other equipment located outside of the well casing, may be constructed in required side or front yards. In no event shall a well be closer than ten feet to any property line.
6. Seat walls not over twenty-four inches in height.
7. Antennas maintained by the town in connection with public safety activities.
8. Satellite dishes measuring not more than one meter in any dimension when attached to a building or placed on the ground and located within the buildable area for a main building or accessory building or structure.
9. Arbors and trellises, consistent with the standards of section 17.40.050(B).
10. Driveways that also function as basketball courts.
11. Bird baths or pedestals with a shallow basin filled with water for birds to bathe in and drink from.
12. Air conditioners and emergency generators located within the buildable area of the lot and enclosed or otherwise screened to mitigate noise and comply with the town noise ordinance. The location of the equipment shall not impact existing trees. Equipment may be located next to existing buildings consistent with building code requirements. Equipment may be located underground when the size is limited to the minimum area needed for the equipment and access and working space, but may not exceed six inches above grade.
13. Fountains and artwork not over six feet in height.
14. Solar facilities are exempt from the minimum ten-foot side yard setback requirement unless the building official has determined that the placement therein will have a specific, adverse impact upon the public health or safety, as defined in State law. (Ord. 609 § 2, 2014; Ord. 582 § 1 (Exh. A (part)), 2009)