Chapter 8.40
ACCESSORY STRUCTURES AND USES REGULATIONS

8.40.010 Purpose.

The purpose of these provisions is to establish the regulations that apply to accessory structures, and to specify the uses that are permitted as accessory to the principal uses in the zoning districts.

Intent. The intent of these provisions is to ensure the compatibility of accessory structures and uses with permitted structures and uses.

8.40.020 Accessory Structures.

A.    Accessory Structures Included With Permitted Uses. In addition to the principal structures associated with permitted Use Types, each Use Type shall be deemed to include such accessory structures which are specifically identified by these Accessory Structures and Uses Regulations, and to include such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal structures. It shall be the responsibility of the Director of Community Development to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal structure, based on the Director of Community Development’s evaluation of whether the proposed accessory structure is necessarily or customarily associated with the Use Type for which the development was constructed. Determinations by the Director of Community Development shall be subject to appeal pursuant to Chapter 8.136, Appeals, and a record of all such determinations shall be maintained by the Director of Community Development.

B.    Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the principal structures within each zoning district, except as otherwise expressly provided in these regulations.

C.    General Requirements.

1.    Attached Structures. If an accessory structure is attached to a principal structure, it shall be made structurally a part of the principal structure and shall comply with all the requirements of this Title to the principal structure.

2.    Breezeways. A breezeway or other extension of the principal structure or accessory structure roof may connect the accessory structure to the principal structure, but it shall not be considered part of the principal structure. The breezeway and accessory building must meet principal building setbacks.

3.    Height. Detached accessory structures, unless specified otherwise in this Chapter, shall have a maximum height of 15 feet. Detached accessory structures in the Agriculture zoning district shall have a maximum height of 15 feet except for barns which may be 2 stories high if the upper story is designated only for storage of hay and agricultural supplies.

4.    Inhabitable space. Accessory structures, with the exception of Guesthouses and Second Units shall not be constructed so as to provide year-round inhabitable space. Rev. Ord. 16-02 (October 2002)

5.    Location of Accessory Structure. Accessory structures shall be located on the same lot as principal use.

6.    Maximum enclosure of gazebo or patio cover. A gazebo, patio cover, or other similar enclosure constructed of lattice, or equivalent material through which air and light can pass, shall be constructed so that 80% of each side, which is not attached to a principal structure, is open and not inhabitable on a year-round basis.

7.    Public Works Setbacks. No accessory structure shall be located between the Street right-of-way line and a Future Right-of-Way Line.

8.    Separation of detached accessory structure from other structures on the same lot. The distance of a detached accessory structure from any other structure on the same lot shall be as determined by the Uniform Building Code.” Rev. Ord. 16-02 (October 2002)

9.    One Side Yard shall not be obstructed to less than 36 inches. Notwithstanding that certain accessory structures may be located in a Side Yard, such accessory structures shall be located so that at least one Side Yard, which shall be gated, shall provide at least a 36 inch width of direct and unobstructed passage to the Rear Yard.

10.    Timing of Construction. Accessory structures, temporary structures, and swimming pools shall be constructed or otherwise established at the same time as, or after, the principal structure or use.

D.    Requirements for Specific Accessory Structures that Apply City-wide.

1.    Antennae. Antennae are subject to the provisions of Chapter 8.92, Wireless Communications Facility Regulations.

2.    Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line. Additional height may be authorized through Site Development Review approval by the Zoning Administrator. Rev. Ord. 27-08 (July 2008).

3.    Second Units. Second units are subject to the provisions of Chapter 8.80, Second Units Regulations. Ord. 1-17 (February 2017)

E.    Agricultural Accessory Structures permitted by means of Site Development Review. All agricultural accessory structures, including, but not limited to, stable, barns, pens, corrals, greenhouses, or coops are permitted by means of a Site Development Review in the Agricultural zoning district.

F.    Permitted Residential Accessory Structures.

1.    General requirements.

a.    Enclosed Accessory Structures in Multi-Family districts. No enclosed accessory structure shall be erected in a Multi-Family zoning district unless pursuant to a Site Development Review.

b.    In Front of a Residence. No accessory structure, with the exception of an entry feature, shall be located in the Front Yard, the area between the Front Yard and the residence, or within the portion of a Side Yard or a Street Side Yard that projects in front of the residence.

c.    Key lots. On a corner lot in an R-1 or R-2 zoning district adjacent to a Key Lot no accessory structure shall be closer to the Street Side Lot Line than 10 feet.

d.    Maximum square footage of detached accessory structures (excluding swimming pools) on a lot. One accessory structure in the Rear Yard with a maximum of 120 square feet shall be exempt from the Coverage Requirements.

For lots 5,000 square feet in size or larger, the combined maximum square footage of all accessory structures on a lot such as a detached accessory garage, workshop, studio, or office shall not exceed 1,000 square feet unless a larger size is approved by the Zoning Administrator by means of a Conditional Use Permit. Rev. Ord. 1-19 (January 2019); Ord. 16-02 (October 2002)

e.    Rear Yard Coverage. The maximum coverage of the required Rear Yard by all accessory structures (with the exception of swimming pools) is 30%.

f.    On the street side of a fence, hedge or wall. No accessory structure in an R-1 or R-2 zoning district may be located on the street side of a fence, hedge or wall.

2.    Structures.

a.    Exceptions to Accessory Structure Requirements. An exception to the requirements of this section may be approved by the Zoning Administrator by means of a Site Development Review. Rev. Ord. 27-08 (July 2008).

b.    Decks. Uncovered decks under 30 inches in height are permitted anywhere on a parcel, without respect to required setbacks.

c.    Entry features. Entry features (such as arbors, arches, and trellises) may be located within the required front Yard Setback provided they do not have a width of more than 15 feet, and do not have a height more than 10 feet.

d.    Greenhouse. A Greenhouse accessory structure with a maximum size of 500 square feet with transparent or translucent roof and/or wall panels.

e.    Guesthouses. A detached Guesthouse accessory structure may be established on the lot of a single-family residence, as follows:

1.    Permitted and prohibited spaces. A guesthouse may contain a sleeping space, bathroom and other living space, but may not contain kitchen facilities.

2.    Floor area limitation. The maximum floor area allowed for a guesthouse is 50% of the habitable floor area of the main residence, up to a maximum of 840 square feet. Rev. Ord. 1-19 (January 2019)

f.    Recreation facilities. Including recreation activity courts and facilities, swimming pools, spas and hot tubs, provided those facilities are to be used solely by occupants of the dwelling(s) on the same lot and their guests.

g.    Security gates. Security gates and gate houses at project entrances are permitted through Site Development Review.

h.    Heights and Setbacks. Heights and setbacks for detached shade structures, gazebos, covered patios and enclosed structures are as follows: Rev. Ord. 16-02 (October 2002)

For lots less than 5,000 square feet in size.

 

Shade Structures, Gazebos, Covered Patios and Unenclosed Structures

Enclosed Structure greater than 8 feet in height

Enclosed Structure less than or equal to 8 feet in height

Swimming pools, spas, hot tubs and associated equipment

Height (max)

10 feet

10 feet

8 feet

8 feet

Front Yard Setback

Not allowed except for Entry features permitted by Section 8.40.20.F.2.c

Not allowed

Not allowed

Not allowed

Side Yard Setback

3 feet

3 feet

0 feet

0 feet

Street Side Yard Setback

3 feet

3 feet

3 feet

0 feet

Rear Yard Setback

3 feet

3 feet

0 feet

0 feet

For lots 5,000 square feet in size or larger: Rev. Ord. 16-02 (October 2002)

 

Shade Structures Gazebos Covered Patios and unenclosed structures

Enclosed Structure greater than 8 feet in height

Enclosed Structure less than or equal to 8 feet in height

Swimming pools, spas, hot tubs and associated equipment

Height (max)

15 feet

15 feet

8 feet

8 feet

Front Yard Setback

Not allowed except for entry features permitted by Section 8.40.20.F.2.c

Not allowed

Not allowed

Not allowed

Side Yard Setback

5 feet

5 feet

0 feet

3 feet*

Street Side Yard Setback

5 feet

5 feet

5 feet

3 feet*

Rear Yard Setback

5 feet

5 feet

0 feet

3 feet*

* Measured at waterline

i.    Signs. Signs are regulated by Chapter 8.84, Sign Regulations.

j.    Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are permitted as accessory structures to approved residential structures on the same lot, subject to the following provisions:

1.    Gates. Each gate providing access to the swimming pool, spa, hot tub, or the entire site through a fence shall be equipped with a self-closing, self-latching device designed to keep the gate securely closed when not in actual use. The latching device of the gate shall be at least 4 feet above finish grade.

2.    Doors. Where a garage forms part of the pool enclosure, any door from the garage to the pool enclosure shall be equipped with a self-closing, self-latching device designed to keep the door securely closed when not in actual use. The latching device of the door shall be at least 4 feet above the floor.

3.    Fencing. The swimming pool, spa, hot tub, or the entire site shall be enclosed by a fence at least 48 inches high.

4.    Maintenance required. The owner or the person in possession of the premises shall maintain the gates, doors, and fencing in good condition at all times.

k.    Tennis and sport courts. Non-commercial outdoor tennis courts and courts for other sorts (e.g., racquetball, etc.) accessory to a residence are accessory structures subject to the following requirements:

1.    Fencing. Shall be subject to the height limits of Chapter 8.72, Landscaping and Fencing Regulations.

2.    Lighting. Court lighting shall not exceed a maximum height of 20 feet. Such lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property.

G.    Commercial and Industrial Accessory Structures permitted pursuant to Site Development Review and as required by this Title.

1.    Carports, garages, bicycle lockers, and off street parking areas and structures.

2.    Shade structures.

3.    Detached unenclosed storage buildings and pole buildings. Typically associated with the outdoor display of building materials, nursery stock, or other materials which are typically displayed outdoors or under a solid canopy.

4.    Security gates. Including security gates and gate houses at project entrances.

5.    Recreation facilities.

6.    Transit facilities.

7.    Trash enclosures and recycling facilities.

H.    Prohibited accessory structures within all Use Types.

1.    Restrooms with bathing facilities in a detached garage, office, studio or workshop.

2.    Detached inhabitable accessory structure other than a Guesthouse or Second Unit.

8.40.030 Accessory Uses.

A.    Accessory Uses Encompassed by Primary Use. In addition to the principal uses expressly included in a permitted (or conditionally permitted if approved pursuant to a Conditional Use Permit) Use Type, each Use Type shall be deemed to include such accessory uses which are specifically identified by these Accessory Structures and Uses Regulations; and to include such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. It shall be the responsibility of the Director of Community Development to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to, the principal Use Type, based on the Director of Community Development’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal Use Types and the relationship between the proposed accessory use and the principal Use Type. Determinations by the Director of Community Development shall be subject to appeal pursuant to Chapter 8.136, Appeals, and a record of all such determinations shall be maintained by the Director of Community Development.

B.    Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each Use Type, except as otherwise expressly provided by these regulations.

C.    Requirements for Specific Accessory Uses that Apply City-wide. The following accessory uses are as described below.

1.    Accessory storage of building materials and equipment. Building materials and equipment being used for construction may be stored on the construction site as long as a valid building permit is in effect for the construction. Building materials and equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations.

2.    Wireless Communications Facilities. Wireless Communications Facilities are subject to the provisions of Chapter 8.92, Wireless Communications Facilities Regulations.

3.    Flag poles. Flag poles are permitted uses in any zoning district.

4.    Second Units. Second units are subject to the provisions of Chapter 8.80, Second Units Regulations. Ord. 1-17 (February 2017)

D.    Permitted Agricultural Accessory Uses.

1.    Office. Office for the administration of an Agriculture Use Type.

E.    Permitted Residential Accessory Uses.

1.    Garages. A Garage accessory use consists of an attached or detached accessory structure used for the storage of vehicles, for a workshop, or for storage space. A detached accessory garage shall not occupy more than 1,000 square feet per residence (including any workshop or storage space within the garage) unless a larger area is authorized by the Zoning Administrator by means of a Conditional Use Permit. The floor area of an accessory garage that is attached to a dwelling unit is not limited, except as may be required by the Uniform Building Code or any other applicable construction or fire code. The combined maximum square footage of a detached accessory garage, workshop, studio, or office shall not exceed 1,000 square feet unless a larger size is authorized by the Zoning Administrator by means of a Conditional Use Permit.

2.    Garage/Yard sales. The temporary sale of used household or personal articles held on the seller’s own residential premises, also referred to as a yard sale or rummage sale, so long as such sales are limited to two days per event and are not conducted on the same lot more than four times within a calendar year.

3.    Greenhouses. A Greenhouse for the non-commercial raising of plants.

4.    Guesthouses. A guesthouse may be established as an accessory use on the lot of a single-family residence, as follows:

a.    Limitation on use. A guesthouse shall comply with the following provisions:

1.    For the purposes of this Chapter, prohibited kitchen facilities include kitchen-type counters and/or cabinets, kitchen sinks, or any appliances for the preparation or preservation of food, including but not limited to, gas or electric ranges, ovens or stovetops, microwave ovens, refrigerators with more than 5 cubic feet of capacity, or freezers.

2.    A guesthouse shall not be allowed on any lot containing a secondary dwelling established pursuant to Chapter 8.80, Second Units.

3.    No more than one guesthouse shall be established on any lot.

5.    Home Occupations, Cottage Food Operations, Large Family Day Care Homes. Home Occupations are subject to the provisions of Chapter 8.64 (Home Occupations Regulations), Cottage Food Operations are subject to the provisions of Chapter 8.65

(Cottage Food Operations) and Large Family Day Care Homes are subject to the provisions of Chapter 8.66 (Large Family Day Care Homes). Rev. Ord. 25-14 (December 2014); Ord. 1-04 (January 2004)

6.    Rental and sales office. A rental and sales office for the leasing and sales of units located in the same apartment or condominium complex.

7.    Repair and maintenance of automobiles or other vehicles. The repair and maintenance of automobiles or other vehicles is permitted if work is being done on a vehicle registered to the occupant of the premises. Notwithstanding the above, painting of vehicles, or the repair and maintenance of any tractor trucks or semi-trucks is prohibited in any residential zoning district. No sound associated with the repair or maintenance of automobiles shall be audible at the property line. Rev. Ord. 5-15 (August 2015)

8.    Rooming and boarding. The rental of bedrooms within a single-family dwelling to no more than four borders is a permitted accessory use. Rental of rooms to more than four borders constitutes a Boarding House, which is included within the definition of Multi-Family Dwelling and is allowed in the R-1, R-2, and R-M zoning districts by the Zoning Administrator pursuant to a Conditional Use Permit.

9.    Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs for approved residential uses on the same lot, provided those facilities are to be used solely by occupants of the dwelling(s) on the same lot and their guests.

10.    Tennis and sport courts. Non-commercial outdoor tennis courts and courts for other sorts (e.g., racquetball, etc.) accessory to a residential Use Type are permitted as accessory uses.

F.    Accessory Uses prohibited in Residential and Agricultural Districts. No accessory use involving any of the following shall be conducted within a Front Yard, the area between the Front Yard and the residence, or a Street Side Yard on a corner lot (outside a fence or wall) in any agricultural or residential district:

1.    Storage, repair or dismantling. The storage, repair or dismantling of motorized vehicles, electrical refrigerators, washers, dryers or other household appliances, or other items determined to be in substantial conformity with the above by the Director of Community Development.

2.    Storage or display. The storage or display of equipment, appliances, tools, materials or supplies unless as part of a Garage/Yard Sale.

G.    Permitted Commercial and Industrial Accessory Uses.

1.    Automatic Teller Machine.

2.    Cafeteria, delicatessen and food vending. Permitted if less than 1,000 square feet in area.

3.    Plazas for public assembly.

4.    Recreational facilities. Recreational facilities, whether indoors or outdoors, for the use of employees. Such facilities include, but are not limited to: basketball courts, ballfields, putting greens and volleyball courts.

5.    Recycling collection center. Facility for collection of recyclable materials generated on-site.

6.    Retail sales. Retail sales incidental to wholesale sales in Industrial zoning districts where the retail sales space is 10% or less of the entire sales space.

7.    Retail sale of products produced by a permitted Industrial Use Type on the premises.

8.    Eating and Drinking Establishments. An Eating and Drinking Establishment incidental to retail sales in Commercial Zoning Districts where the Eating and Drinking Establishment, including food preparation areas and seating areas, is 10% or less of the entire tenant space. Rev. Ord. 12-11 (October 2011)