Comprehensive Plan
Zoning Ordinance
Floodplain Information
Permits and Fees
Building Links
Meet Our Staff
Board of Zoning Appeals
Planning Commission
Building & Zoning Home
   

If you have any further questions regarding zoning, here are a few of things you can do:

Come down to the Building and Zoning Department at the Wise County Courthouse for person-to-person support.

Send us your question via Email.

Call the Zoning Administrator or a Representative of the Building Department at (276) 328-7119.

 

Building & Zoning

Home ] Up ] Zoning Ordinance - Article 1 ] Zoning Ordinance - Article 2 ] Zoning Ordinance - Article 3 ] Zoning Ordinance - Article 4 ] [ Zoning Ordinance - Article 5 ] Zoning Ordinance - Article 6 ] Zoning Ordinance - Article 7 ] Zoning Ordinance - Article 8 ] Zoning Ordinance - Article 9 ] Zoning Ordinance - Article 10 ] Zoning Ordinance - Article 11 ]

ARTICLE 5. SUPPLEMENTARY REGULATIONS

Sec. 5-1. Applicability of article.

     The regulations set forth in this article are additions or exceptions to, and qualify, supplement or modify, as the case may be, the regulations and requirements set forth in the district regulations contained in Article 4 of this Ordinance.

Sec. 5-2. Sign regulations.

     5-2.1. Signs generally. The sign regulations contained in this section shall apply generally to signs in all districts, and no sign shall be erected, constructed, installed or attached except in conformity with all of the provisions set forth in this section for the particular sign in the district in which it is located. Definitions of the various types of signs regulated herein, as well as the method of measuring the area of signs, shall be as set forth in Article 11 of this Ordinance.

     5-2.2. Permitted signs in A-RR, R-1 and R-2 Districts. The following signs shall be permitted in the A-RR, R-1 and R-2 Districts:

  1. Signs not exceeding in the aggregate twenty-four (24) square feet in area identifying a church, school, park, playground, library, museum or other permitted nonresidential use. Such signs shall be attached flat against a main building or may include not more than one (1) freestanding sign. In the case of a freestanding sign, an additional area not exceeding twenty-four (24) square feet may be devoted to architectural elements which serve as support, boarder or base for such sign and which are not a part of the message portion of the sign.
     

    1. No freestanding sign shall exceed a height of eight (8) feet.
       

    2. No freestanding sign shall be located within ten (10) feet of any street line, other property line, alley or driveway intersecting a street.
       

  2. One (1) freestanding sign per street entrance identifying a residential subdivision or a manufactured home park. Such sign shall be subject to the requirements for freestanding signs set forth in section 5-2.2 (1).
     

  3. One (1) sign not exceeding twenty-four (24) square feet in area identifying a multifamily development, single-family attached development site, nursing home or lodginghouse. Such sign shall be attached flat against a main building or may be freestanding, provided that a freestanding sign shall be subject to the requirements set forth in section 5-2.2 (1).
     

  4. One (1) or more temporary signs not exceeding in the aggregate six (6) square feet in area pertaining to the sale, rental or lease of the premises on which they are located. Such signs shall not be illuminated, shall not be located within five (5) feet of any street line, other property line, alley or driveway intersecting a street, and shall be removed when the sale, rental or lease of the premises is consummated.
     

  5. One (1) or more temporary signs not exceeding in the aggregate thirty-two (32) square feet in area identifying the use to be made of a building under construction on the property on which such signs are located or identifying the contractor, subcontractors, architect, lending institution or other party involved with such construction. Such signs shall not be illuminated, shall not be located within ten (10) feet of any street line, other property line, alley, or driveway intersecting a street, and shall be removed upon completion or abandonment of the construction activity to which they pertain.

     5-2.3. Permitted signs in B-1 Districts. The following signs shall be permitted in the B-1 Limited Business District:

  1. Any sign permitted in the A-RR, R-1 and R-2 Districts and set forth in section 5-2.2 of this article, provided that signs identifying uses which are permitted in the A-RR, R-1 or R-2 Districts shall be subject to the regulations set forth in that section.
     

  2. Signs attached flat against or painted on a vertical surface of a main building or accessory structure, other than a structure intended principally for sign purposes, when such signs do not extend beyond the extremities of the surface of the building or structure to which they are attached.
     

  3. Signs attached to a mansard or other sloped roof of a main building, when such roof has a pitch of sixty (60) degrees or greater, and when such signs are parallel to the building wall and do not extend beyond the extremities of the roof to which they are attached.
     

  4. Signs suspended from a covered vehicle driveway, covered walkway or covered entranceway to a building, when such signs do not exceed in the aggregate eight (8) square feet in area and are provided with an underclearance of not less than ten (10) feet.
     

  5. One (1) freestanding sign along each street frontage of one hundred (100) feet or more in length, when the main building on the lot is set back twenty-five (25) feet or more from the street line along such frontage, provided that:
     

    1. Where more than one (1) freestanding sign is permitted on a lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than one hundred (100) feet;
       

    2. No freestanding sign shall exceed one hundred (100) square feet in area or twenty (20) feet in height, except that on a shopping center site, one (1) freestanding sign not exceeding three hundred (300) square feet in area shall be permitted along each street frontage when no other freestanding signs are located on the site;
       

    3. No freestanding sign shall be located within fifty (50) feet of any lot in an A-RR, R-1 or R-2 District, or within ten (10) feet of any street line, other property line, alley or driveway intersecting a street.
       

  6. The aggregate area of all signs located on a lot, other than a lot devoted to a shopping center, shall not exceed one (1) square foot for each lineal foot of lot frontage on a public street. In the case of lots having more than one (1) frontage on a public street, the maximum permitted sign area shall be determined by the frontage having the greatest dimension.
     

    1. In the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed one (1) square foot for each lineal foot of building frontage devoted to such tenant.
       

    2. In no case shall the provisions of this paragraph be construed to restrict any lot or any tenant in a shopping center to less than forty (40) square feet of sign area.
       

  7. The maximum number of signs located on a lot, other than a lot devoted to a shopping center, shall not exceed one sign for each twenty (20) feet of lot frontage or major fraction thereof on a public street. In the case of lots having more than one (1) frontage on a public street, the maximum number of signs shall be determined by the frontage having the greatest dimension.
     

    1. In the case of a shopping center, the maximum number of signs attached to any portion of a building devoted to a particular tenant shall be not exceed one (1) sign for each twenty (20) feet of building frontage or major fraction thereof devoted to such tenant.
       

    2. In no case shall the provisions of this paragraph be construed to restrict any lot or any shopping center tenant to less than two (2) signs.

     5-2.4. Permitted signs in B-2, M-1 and M-2 Districts. The following signs shall be permitted in the B-2, M-1 and M-2 Districts:

  1. Any sign permitted in the B-1 Limited Business District as set forth in section 5-2.3 of this article and subject to all of the regulations applicable in the B-1 District, except that:
     

    1. No freestanding sign shall exceed one hundred (100) square feet in area or thirty-five (35) feet in height, except that freestanding signs identifying shopping centers shall not exceed three hundred (300) square feet in area.
       

    2. The aggregate area of all signs located on a lot shall not exceed two (2) square feet for each lineal foot of lot frontage on a public street, and in the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed two (2) square feet for each lineal foot of building frontage devoted to such tenant.
       

  2. Signs attached to and projecting from a wall of a main building, provided that such signs shall not project beyond any property line and shall be provided with an underclearance of not less than ten (10) feet.
     

  3. Billboard signs as defined in Article 11 of this Ordinance, provided that the following requirements shall be met:
     

    1. No billboard sign shall exceed three hundred (300) square feet in area with the following exception. If the roadway is a divided four-lane highway, then a billboard may be up to (378) three hundred seventy-eight square feet in area.
       

    2. There shall be no more than one (1) billboard sign attached to or painted on a sign structure, except that two (2) billboard signs may be attached back-to-back on a single structure, in which case such arrangement shall be considered a double-faced sign for purposes of calculating permitted sign area as defined in Article 11 of this Ordinance.
       

    3. No billboard sign shall exceed a total height of thirty-five (35) feet.
       

    4. No two (2) billboard signs shall be located less than five hundred (500) feet apart along the same side of a street or highway, as measured parallel to the edge of the roadway.
       

    5. No billboard sign shall be located within twenty-five (25) feet of any street line or within one hundred (100) feet of any intersection of street lines or the boundary of any A-RR, R-1 or R-2 District.

     5-2.5. Certain signs permitted in all districts.

  1. Directional signs as defined in Article 11 of this Ordinance shall be permitted in any district. Such signs shall be exempt from regulations pertaining to freestanding signs and shall not be included in calculations determining the aggregate area or maximum number of permitted signs, provided that no freestanding directional sign shall be located within five (5) feet of any street line.
     

  2. Temporary signs as defined in Article 11 of this Ordinance and installed for the purpose of merchandising or announcing a sale or promotion and not exceeding eight (8) square feet in area shall be permitted in any district and shall not be included in calculations determining the aggregate area or maximum number of permitted signs. Temporary signs which exceed eight (8) square feet in area or do not otherwise conform to the definition thereof shall be subject to all sign regulations and restrictions applicable in the district in which they are located.

     5-2.6. Portable signs. Portable signs as defined in Article 11 of this Ordinance shall be permitted only in the Business and Industrial Districts. Such signs shall be subject to all of the regulations applicable to permanently installed freestanding signs in the district in which they are located, provided that no portable sign shall be illuminated except in conformance with applicable electrical codes.

     5-2.7. Animated signs prohibited. Animated signs as defined in Article 11 of this Ordinance shall not be permitted in any district.

     5-2.8. Illumination. Illumination of signs shall conform to the restrictions set forth in section 5-11 of this article, and no bulb, lamp or other source of illumination shall be directly exposed to any street, alley, driveway or adjacent property, nor shall the exterior of any building, structure or portion thereof be illuminated by outlining such with lights, except for temporary seasonal decoration purposes.

     5-2.9. Signs identifying nonconforming uses. One (1) sign identifying a nonconforming use located in an A-RR, R-1 or R-2 District shall be permitted, provided that such sign shall be attached flat against the building occupied by such use and shall not exceed eight (8) square feet in area. Signs identifying nonconforming uses located in districts other than A-RR, R-1 and R-2 Districts shall conform to the sign regulations applicable in the district in which the use is located.

     5-2.10. Nonconforming signs.

  1. Except as otherwise provided in this section, a nonconforming sign as defined in Article 11 of this Ordinance may remain and may be maintained and repaired, provided that such sign shall not be moved, replaced, structurally altered, or modified as to size, shape or height except in conformity with the provisions of this article. The face of a nonconforming sign or the copy thereon may be changed when all other provisions of this section are met.
     

  2. Any sign which identifies or pertains to a use which has vacated the premises on which such sign is located or any freestanding sign structure which no longer contains any message shall be removed from the premises within ninety (90) days from the date on which the use to which it pertains last occupied the premises.

     5-2.11. Permits required. No permanent sign shall hereafter be erected or installed unless a sign permit for such has been approved by the zoning administrator after confirmation that such sign conforms with all applicable provisions of this Ordinance. In the case of signs for which permits are required by the Virginia Uniform Statewide Building Code, approval by the building official shall also be required. 

Sec. 5-3. Off-street parking requirements.

     5-3.1. Number of spaces required. The minimum number of off-street parking spaces required for particular uses located in any district shall be as set forth in the following schedule. The minimum number of off-street parking spaces required for a use not specifically listed in the schedule shall be as required for the most similar use listed as determined by the zoning administrator. 

PRIVATE

Use

Number of Spaces

  (1)

Single-family detached or two-family dwelling; manufactured home on an individual lot; dwelling unit located in a commercial building

1 per dwelling unit

  (2)

Single-family attached dwelling

Average of 2 per dwelling unit on the development site

  (3)

Multifamily dwelling

2 per dwelling unit

  (4)

Multifamily dwelling or lodginghouse where units are intended to be occupied by persons 65 years or more of age

1 per 2 units

  (5)

Lodginghouse; tourist home; hotel; motel; bed and breakfast; lodging unit in a single-family dwelling

1 per lodging unit

  (6)

Group home

1 per 2 bedrooms

  (7)

Nursing home

1 per 4 beds

  (8)

Hospital

1 per 3 beds, plus 2 per 3 employees and staff

  (9)

Child care center

1 per 10 children, plus 2 per 3 staff

  (10)

Church

1 per 8 seats in main auditorium or sanctuary

  (11)

School, public or private

The greater of 1 per classroom or 1 per 5 seats in auditorium

  (12)

Vocational, business or professional school

1 per 2 persons enrolled

  (13)

Library; museum; art gallery

10, plus 1 per 400 sq. ft. of floor area

  (14)

Theater; auditorium; assembly hall or similar use with fixed seating

1 per 4 seats

  (15)

Lodge hall; dance hall; club; or similar meeting place without fixed seating

1 per 100 sq. ft. of floor area in club or meeting rooms

  (16)

Bowling alley

4 per lane

  (17)

Miniature golf course

3 per hole

  (18)

Office; travel agency

5 per first 1000 sq. ft. of floor area, plus 1 per each additional 350 sq. ft. of floor area

  (19)

Medical or dental office or clinic; veterinary clinic

4 per doctor, plus 2 per 3 employees

  (20)

Bank; savings and loan office

1 per 200 sq. ft. of floor area, plus waiting space for 5 vehicles per drive-up teller station

  (21)

Funeral home

1 per 4 seating capacity in chapel or funeral service rooms, plus 2 per 3 employees

  (22)

Restaurant, including fast food

1 per 100 sq. ft. of floor area, plus waiting space for 5 vehicles per drive-up window

  (23)

Grocery, food or beverage store; amusement center; billiard parlor; video game arcade

1 per 150 sq. ft. of floor area

  (24)

Retail store or shop not otherwise specified; laundromat; dance studio; health spa or fitness center; home video rental store

1 per 200 sq. ft. of floor area

  (25)

Retail clothing, jewelry, home accessories, electronics, office supply, hardware, yard or garden supply, or auto accessory store; photography studio; laundering or dry cleaning business; shoe repair, tailor, or dressmaking shop; watch or jewelry repair; electronics or household items repair; similar service business not otherwise listed

1 per 400 sq. ft. of floor area

  (26)

Retail furniture, appliance or building materials and supplies store; auto sales showroom

1 per 600 sq. ft. of floor area

  (27)

Wholesale or distribution business; contractor's shop and display rooms

1 per 800 sq. ft. of floor area, plus 1 per vehicle used in connection therewith

  (28)

Barber shop or beauty salon

3 per hair cutting station

  (29)

Auto service center; service station; auto or truck repair

5, plus 2 per service bay

  (30)

Self-service or automatic auto wash

3 per wash bay, plus off-street waiting space as required by plan of development

  (31)

Shopping center

4.0 per 1000 sq. ft. of floor area

  (32)

Manufacturing, processing, fabricating; research or laboratory facility; bottling plant; warehouse or storage facility; truck terminal

2 per 3 employees, plus 1 per vehicle used in connection therewith

     5-3.2. Method of determining number of spaces. For purposes of determining the number of off-street parking spaces required for a particular use, the following rules shall apply:

  1. Floor area shall include the gross area of the floor space devoted to the use, including space used for incidental purposes related thereto, and shall be measured along exterior faces of enclosing walls or partitions or, in the case of attached buildings or abutting spaces within the same building devoted to different uses, shall be measured along the center lines of common walls or partitions.
     

  2. Number of employees shall be construed as the maximum number of persons employed on any working shift.
     

  3. When computation of required number of spaces based on floor area, units, employees, or seating capacity results in a fractional number, the required number of spaces shall be the nearest whole number.
     

  4. When a building or premises is devoted to more than one (1) use, the total number of spaces required shall be the sum of the spaces required for each use.
     

  5. Required off-street parking spaces may be provided within garages, carports or enclosed building space when the provisions of this article pertaining to dimensions and accessibility of parking spaces are met.

     5-3.3. Nonconforming number of spaces. Whenever any change is made in a building or use for which the existing number of off-street parking spaces is nonconforming, the following rules shall apply:

  1. Whenever any change is made in a building or use so that the number of spaces required after the change by application of the provisions of section 5-3.1 of this article is not more than fifty (50) percent greater than the number of spaces required before the change, then not less than the number of spaces required for that increase shall be provided in addition to the number of spaces provided prior to the change in the building or use. The purpose of this provision is to preserve any nonconforming right that may exist prior to any minor change in a building or use, but to require such additional parking as may be necessitated by the change.
     

  2. Whenever any change is made in a building or use so that the number of spaces required after the change by application of the provisions of section 5-3.1 of this article increases by more than fifty (50) percent of the number of spaces required before the change, then not less than the total number of spaces necessary to comply with the requirements of that section shall be provided. The intent of this provision is to eliminate any right to a nonconforming number of parking spaces and to bring the property into full compliance with the parking requirements when a substantial change in a building or use is made.

     5-3.4. Location of required parking spaces. Required off-street parking spaces shall be located on the same lot or development site as the use for which they are required, provided that parking spaces required for uses other than dwelling uses, lodginghouses, tourist homes, group homes, child care centers and motels may be located off the premises when all of the following conditions are met:

  1. The parking area within which such parking spaces are provided shall comply with the use regulations and all other requirements of the district in which it is located.
     

  2. Such parking spaces shall be located within three hundred (300) feet, by normal pedestrian route, of a principal entrance to the building devoted to the use they are intended to serve.
     

  3. Not more than fifty (50) percent of the parking spaces required for churches, schools, theaters, auditoriums, stadiums, lodge halls, dance halls, clubs and restaurants may be provided by and shared with parking spaces provided for offices, banks, retail and service uses, and other commercial or industrial uses which are not open, used or operated during any of the same hours of the day or night.
     

  4. Where the property on which such parking spaces are located is not under the same ownership and control as the property on which the use to be served is located, a lease agreement providing for such parking spaces shall be submitted with the application for the certificate of occupancy for the use to be served. The tenure of such lease shall be for not less than one (1) year, and the form of such lease shall be approved by the county attorney prior to issuance of the certificate of occupancy. At any time the use of the property for parking purposes is to be discontinued, the zoning administrator shall be given at least thirty (30) days' notice thereof in writing, and unless the parking spaces are no longer required by the provisions of this Ordinance, such spaces shall be provided elsewhere in compliance with the Ordinance.

     5-3.5. Parking space dimensions. Required off-street parking spaces shall be not less than nine (9) feet in width and eighteen (18) feet in length, except that spaces arranged parallel to their means of access shall be not less than eight (8) feet in width and twenty-two (22) feet in length.

     The width and length of parking spaces shall be measured perpendicular to one another so as to form a rectangle with dimensions as required herein. Parking spaces required to be accessible to handicapped persons by the provisions of the Virginia Uniform Statewide Building Code shall comply with the requirements of that code.

     5-3.6. Access to parking spaces.

  1. Each required off-street parking space shall be provided with a driveway or common access aisle directly serving such space and of sufficient dimensions to enable vehicles to maneuver into and out of such space without encroaching into another parking space or extending beyond the designated driveway or access aisle area.
     

  2. No area devoted to parking or access thereto shall be designed, operated or maintained so as to cause any public street, alley or sidewalk area to be obstructed by vehicles entering, leaving or maneuvering within such parking area. Whenever necessary to avoid such obstruction, maneuvering space shall be provided within the parking area.

     5-3.7. Improvement of parking areas.

  1. Parking areas containing five (5) or more parking spaces and all entrances thereto and exits therefrom shall be provided with an all-weather surface material approved by the zoning administrator. Sufficient improvements shall be made to ensure that the parking area is usable and that proper access and drainage are provided.
     

  2. Wheel stops, curbs, walls, fences, shrubbery or other means shall be provided along the edges of parking areas where necessary to prevent parked vehicles from encroaching onto adjacent properties or into public streets and alleys, required yards or public walkways within or adjacent to the site.

     5-3.8. Parking in yards adjacent to streets.

  1. In A-RR, R-1 and R-2 Districts, no parking area other than that which serves a single-family dwelling or a manufactured home on an individual lot shall be located within any required front yard or required street side yard.
     

  2. In districts other than A-RR, R-1 and R-2 Districts, no parking area shall be located within ten (10) feet of any street right-of-way line.
     

  3. Yard areas located between parking areas and adjacent streets shall be improved in accordance with the provisions of section 5-3.9 of this article.
     

  4. The provisions of this section shall not be construed to prohibit driveways from the street when such driveways are approved by the appropriate authority.

     5-3.9. Screening and landscaping requirements.

  1. Parking areas containing five (5) or more parking spaces and located in any district shall be screened from abutting properties located in an A-RR, R-1 or R-2 District. Screening shall consist of opaque fences, walls or evergreen vegetative materials of not less than four (4) feet in height erected and maintained along the property line or the edge of the parking area.
     

  2. Yard areas located between parking areas and adjacent streets, and yard areas located between required screening and adjacent property lines or streets shall be of a suitable grade and shall be improved and landscaped with grass, other plant materials or ground cover in a manner that will prevent erosion, the spread of dust and the collection of surface water or drainage thereof onto adjacent property.

Sec. 5-4. Supplementary yard requirements.

     5-4.1. Yard exceptions. Front, side and rear yard requirements shall not apply to fences or walls not exceeding six and one-half (6 1/2) feet in height, or to permitted signs and customary yard ornaments and accessories, except as provided in section 5-5, visibility at intersections. Fences and walls exceeding six and one-half (6 1/2) feet in height shall be construed as structures, and shall be subject to all yard requirements.

     5-4.2. Permitted projections into required yards.

  1. Sills, belt courses, eaves, normal roof overhangs, chimneys, pilasters and similar architectural features of a building may project into required yards.
     

  2. Uncovered porches, steps, landings, patios, decks and similar building features may project into required yards, provided such features do not exceed a height of up to thirty (30) inches above the adjacent natural ground level. Covered building projections, and projections thirty (30) inches or greater in height shall be subject to all yard requirements.

     5-4.3. Yards on corner lots and through lots.

  1. On a corner lot in any district in which a front yard is required, a front yard shall be provided along at least one (1) street frontage, and a street side yard of not less than ten (10) feet shall be provided along all other street frontages, provided that:
     

    1. There shall be a front yard along any street frontage opposite the principal entrance to a dwelling unit;
       

    2. There shall be a front yard along the frontage on any street along which a front yard is required for an adjacent lot. The depth of such front yard shall be not less than the minimum required front yard on the adjacent lot or the actual front yard provided on the adjacent lot, whichever is less. For the purposes of this provision, an adjacent lot shall be deemed to be a lot which abuts or lies directly across an alley from the lot in question and which has frontage along the same street as the lot in question.
       

  2. On through lots, there shall be a front yard as required in the district along each street frontage.
     

  3. Where more than one (1) front yard is required on a lot, yards other than those along street frontages shall be considered side yards, and no rear yard shall be required.

     5-4.4. Yards adjacent to streets less than forty (40) feet in width. The required front yards and street side yards set forth in the district regulations and elsewhere in this Ordinance are applicable adjacent to public streets having a right-of-way width of forty (40) feet or greater. The required depth of any front yard or street side yard along any public street having a right-of-way of less than forty (40) feet in width shall be increased by twenty (20) feet as measured from the centerline of the street right-of-way.

     5-4.5. Yards for swimming pools and tennis courts. Swimming pools, pool deck areas and tennis courts shall not be located within required front and side yards. A swimming pool, pool deck area or tennis court situated within fifty (50) feet of any adjacent property in an A-RR, R-1 or R-2 District shall be screened from view from such property by solid fencing or evergreen vegetative material not less than six (6) feet in height. 

Sec. 5-5. Visibility at intersections.

     On a corner lot in any A-RR, R-1 or R-2 District, nothing that would materially obstruct the vision of operators of motor vehicles shall be erected, placed, planted or allowed to grow between the heights of three (3) and eight (8) feet above the grade of the intersection of the centerlines of the adjacent intersecting streets within the following described area: A triangular shaped area on the ground bounded on two (2) sides by the street lines abutting the lot, and bounded on the third side by a line joining points on said street lines twenty-five (25) feet from the point of their intersection. The purpose of this provision is to prohibit the planting of shrubbery or low trees or the construction of solid fences, walls or other structures that would block the visibility of oncoming vehicles to motorists at a street intersection. 

Sec. 5-6. Supplementary height regulations.

  1. The height regulations set forth in this Ordinance shall not apply to church spires, belfries, cupolas, antennae attached to buildings, water towers, ventilators, chimneys, flues or similar appurtenances or mechanical structures attached to a building and not intended for human occupancy.
     

  2. The height of permitted public buildings, churches, broadcast and communications towers, and accessory structures necessary to permitted mining or well drilling operations may exceed the maximum height limit applicable to the district in which they are located, provided that all required yards are increased a minimum of one (1) foot for each one (1) foot of building or structure height in excess of the height limit applicable in the district in which such building or structure is located, and provided further that all other applicable codes and regulations are met. 

Sec. 5-7. Yard and height regulations for accessory buildings.

     5-7.1. Yards. Except as provided below, no accessory building shall be located within any required yard.

  1. An accessory building not exceeding twelve (12) feet in height may be located within a required rear yard, but not within five (5) feet of any lot line.
     

  2. An accessory building not exceeding twelve (12) feet in height may be located within a required side yard, other than a required street side yard, but not within five (5) feet of any lot line. An accessory building attached to an accessory building on the adjoining lot shall not be subject to the side yard requirement.

     5-7.2. Height. No accessory building shall exce