Chapter 18.210
ACCESSORY USES

Sections:

18.210.010    Accessory uses.

18.210.020    Permitted uses.

18.210.030    Garage sales.

18.210.035    Home occupations.

18.210.040    Fences.

18.210.050    Cargo containers.

18.210.010 Accessory uses.

Accessory uses, buildings and land customarily associated with, and clearly incidental to, a permitted use, special use requirement or conditional use permit shall be permitted provided they are:

(a) Located on the same lot or parcel as a principal use and commonly associated with a principal building or use.

(b) Subordinate in area, extent and purpose to the principal building. The cumulative footprint of all accessory buildings shall not exceed 90 percent of the principal building’s footprint and as restricted by Chapter 18.60 TMC density/dimensional standards.

(c) Operated and maintained under the same ownership and are contributory to the comfort, convenience or necessity of the occupants, business or industry in the principal building or use served.

(d) Time of Construction. No accessory building shall be constructed or established more than 120 days prior to the time of completion of the construction or establishment of the principal building or use to which it is an accessory. (Ord. 20062 § 31, 4-18-17.)

18.210.020 Permitted uses.

The accessory uses, buildings and other structures permitted in each zone may include the following:

(a) In the RR-1 district:

(1) Open or enclosed storage of farm materials and equipment.

(2) Farm buildings, including barns, stables, sheds, toolrooms, shops, tanks, bins and silos.

(3) Fuel storage tanks and dispensing equipment for fuels used solely for farming operations. No wholesale/retail sales of such fuels shall be allowed as an accessory use.

(4) Wholesale and retail sales of agricultural products grown or raised upon the premises.

(5) Roadside stands for the sale of produce grown on the premises; provided, that such a stand shall not contain more than 600 square feet of floor area, the stand is located no closer than 20 feet from the right-of-way, and access to the stand is from an entrance to the farm or residence.

(6) Private, noncommercial antenna and supporting structure when used for amateur radio service; citizens band radio; a telecommunication device that receives only a radio frequency signal; a sole-source emitter with more than one kilowatt average output; and satellite receiving devices, provided they shall not be located in the area between the street and principal building nor within the required side yard.

(7) Fences as regulated by TMC 18.210.040.

(8) Gazebos, enclosed patios and similar buildings for passive recreational use.

(9) Home occupations as regulated by TMC 18.210.035.

(10) Private garages and carports.

(11) Private greenhouses or conservatories.

(12) Private recreational uses and facilities including but not limited to swimming pools and tennis courts, if the use of such facilities is restricted to occupants of the principal use and guests for whom no admission or membership fees are charged.

(13) Private or public utility transmission, distribution and/or collection systems; and not, however, including substations and distribution substations, pump stations, reservoirs, towers, transmission equipment buildings and similar facilitating structures.

(14) Residential accessory storage buildings for the storage of wood, lumber, lawn or gardening equipment and other materials and equipment, exclusively for the personal use of the residents of the premises, but not including a storage building for commercial purposes.

(15) Signs as regulated by Chapter 18.10 TMC.

(16) Statuary, arbors, trellises, flagpoles, and barbecue stoves.

(17) Structures for the shelter of household pets except kennels.

(18) Temporary construction buildings for on-site construction purposes, including cargo containers, for a period not to exceed the duration of the construction project.

(19) Little free libraries associated with residential uses are limited to a height of six feet, a width of two feet, and volume of six cubic feet, and to a height of six feet, width of four feet, and volume of 10 cubic feet when associated with nonresidential uses.

(b) In the R-1, R-2, R-3, R-4, M-1 and M-1a districts: in addition to the accessory uses included in subsections (a)(6) through (a)(19) of this section, the following shall be permitted:

(1) Storage buildings and garages for the storage of wood, lumber, lawn or gardening equipment and other materials and equipment, exclusively for the personal use of the residents of the premises, but not including storage for commercial purposes. Truck bodies and cargo containers are not allowed as accessory uses. However, cargo containers may be used on a temporary basis as regulated by TMC 18.210.050.

(2)(i) No farming equipment or farming machinery shall be parked or stored on a lot or tract of land unless within an enclosed lawful structure, or screened from view from any abutting property or street. No truck, excluding a pickup truck, trailer, boat, bus, tractor, or similar vehicle, machinery, or equipment with a curb weight (unloaded vehicle weight) or manufacturer’s gross vehicle weight rating exceeding six tons shall be parked or stored any place on a lot or tract of land within an R, M-1 or M-1a district.

(ii) No commercial vehicles or commercial equipment, machinery or materials of any kind shall be stored any place on a lot or tract of land, except if such vehicles, equipment, machinery or materials are in temporary usage to actively accomplish permitted temporary activities on the premises such as construction, repair, moving, and other similar activities. In such case they shall be removed from the lot or tract of land within 48 hours of completion of said activity.

(3) Off-street parking as regulated by Chapter 18.240 TMC.

(4) A child’s playhouse.

(c) In the M-2 and M-3 districts: in addition to the accessory uses included in subsection (b) of this section, the following shall be permitted:

(1) A maintenance storage building incidental to a permitted use, provided no such structure shall exceed 160 square feet in gross floor area, and shall be in keeping with the principal structure.

(2) A facility for leasing, managing and/or maintenance of a multiple-family dwelling or planned unit development, provided such facility is of such size and scale which is in keeping with, and is accessory in nature to, said multiple-family dwelling or planned unit development, all as determined by the planning director.

(d) In the O&I-1, O&I-2 and O&I-3 districts:

(1) For residential uses, the accessory uses included in subsection (c) of this section shall be permitted.

(2) Off-street parking as regulated by Chapter 18.240 TMC.

(3) A storage building incidental to a permitted use, provided no such structure shall exceed 400 square feet in gross floor area, and shall be in keeping with the principal structure.

(4) Employee restaurants and cafeterias, when located in a principal structure.

(5) Signs as regulated by Chapter 18.10 TMC.

(6) Fences as regulated by TMC 18.210.040.

(7) Flagpoles and statuary.

(8) Private garages and carports.

(e) In the C-1, C-2, C-3, C-4 and D districts: in addition to the accessory uses included in subsection (d) of this section, the following shall be permitted:

(1) Restaurants, drugstores, gift shops, clubs, lounges, newsstands, and travel agencies when located in a permitted hotel or motel.

(2) One independent, freestanding commercial structure of 400 square feet or less in the C-1 district and 600 square feet in the other districts shall be permitted on a zoning lot. Such accessory structure shall not be required to provide off-street parking, but shall be located as to not interfere with or reduce the amount of required parking for the principal use. The location of such accessory structure shall be reviewed and approved by the planning director at the time of building permit application, provided such location does not conflict or interfere with site access and interior vehicular circulation.

(f) In the I-1 and I-2 districts, the following shall be permitted:

(1) Fences as regulated by TMC 18.210.040.

(2) Off-street parking as regulated by Chapter 18.240 TMC.

(3) Signs as regulated by Chapter 18.10 TMC.

(4) Gatehouse.

(5) Employee recreational facilities.

(6) Flagpoles and statuary.

(7) Employee restaurants and cafeterias when located in the principal building of the use served.

(8) Employee child care facilities.

(9) Storage and warehousing.

(10) Caretaker’s or night watchmen’s quarters.

(g) In the U-1 district: the accessory uses included in subsection (c) of this section.

(h) In the MS-1 district: the accessory uses included in subsection (d) of this section.

(i) In the X-1, X-2 and X-3 districts: the accessory uses included in subsections (b), (c), (d), (e) and (f) of this section shall be in compliance with any applicable performance standards of the X mixed use districts. (Ord. 20062 § 32, 4-18-17.)

    Cross References: Planning department, TMC 2.25.090.

18.210.030 Garage sales.

A “garage sale,” as defined by TMC 5.140.020, is permitted when accessory to a residential dwelling in an R, M, MS-1, X, D, or RR-1 zoning district but shall be restricted to not more than four consecutive calendar days and occurring not more than twice within a 12-month period. (Ord. 20207 § 24, 9-10-19.)

18.210.035 Home occupations.

Home occupations shall be permitted provided the same does not detract from the residential character of a neighborhood and will not cause excessive traffic, nuisance or hazards to safety; provided further, that each home occupation shall comply with the following standards and permit requirements:

(a) Standards. The following shall apply to any home occupation:

(1) The use or activity shall be carried on by a resident of the dwelling.

(2) Not more than one employee not a resident of the dwelling is permitted at any one time.

(3) The exterior of the dwelling shall not be changed or modified in any way, nor shall any exterior signs be erected that will indicate any accessory use of the property nor adversely affect the residential character of the neighborhood.

(4) The sale of any commodity, goods or products on the premises is prohibited.

(5) All equipment, materials, work in progress and work areas shall be confined to the principal dwelling and not extend into an attached or detached garage or storage building.

(6) The projection of any obnoxious sound, odor, smoke, vibration, light or dust is prohibited.

(7) The home occupation shall not occupy more than 25 percent of the total floor area (including a basement) of the dwelling, excluding any attached garage.

(8) The home occupation shall not be available or open to the public except during the hours between 8:00 a.m. and 8:00 p.m.

(9) The home occupation shall not create a need for off-street parking, pedestrian and vehicular traffic, sanitary sewer and storm sewer usage, public water usage as well as other municipal services in excess of the normal and usual levels for other residential dwellings.

(10) Only one such accessory use or activity shall be carried on in a dwelling during the period authorized by a home occupation permit.

(b) Permit Required. Prior to the establishment of any accessory use or activity as defined herein as a home occupation, the owner(s) of the subject property shall make an application to the planning department. At such time as the planning director has determined that the proposed accessory use or activity meets the standards as set forth herein, a home occupation permit shall be issued.

(1) The planning director shall have the authority to specify conditions and requirements as deemed necessary to assure compliance with the standards as set forth herein.

(2) The home occupation permit shall specify the conditions, requirements and duration of said permit. The permit shall be displayed within the interior of the dwelling and at the location of the proposed activity.

(3) A home occupation permit may be issued to a tenant or occupant of a dwelling who is to be engaged in the accessory use or activity, provided the owner(s) of record of the property have endorsed and/or certified the application.

(4) A home occupation permit shall not be transferable or assignable. Discontinuance or abandonment of the home occupation for a period of 60 days or more shall render the permit void.

(c) Enforcement. The enforcement and administration of this section shall rest with the planning director. Upon a finding that any of the foregoing provisions have not been complied with, the planning director shall direct the home occupation permit invalid and shall order the use therein to be vacated. The planning director shall have the right to inspect the premises at any reasonable time. Failure to allow periodic inspections by planning director at any reasonable time shall result in the immediate revocation of the home occupation permit. In the event of a revocation, one year shall elapse prior to an application by the same owner of the same residential dwelling structure for a new permit. (Ord. 19394 § 5, 3-16-10. Code 1995 § 48-29.025.)

    Cross References: Planning department, TMC 2.25.090.

18.210.040 Fences.

(a) Location and Height. Fences and hedges shall be subject to the following location and height requirements:

(1) Except as provided in subsection (d) of this section, no portion of a fence shall exceed eight feet in height.

(2) Fences and hedges shall be located so no part thereof extends into public right-of-way nor is located closer than one foot from a public sidewalk.

(3) In R and M districts, fences beyond the front face of the principal structure shall not exceed four feet in height. On corner lots, but not including reversed corner lots, fences beyond the front face of the principal structure where the fence is located along an arterial street that runs perpendicular to the corner lots’ established rear yard shall not exceed six feet in height. On reversed corner lots, fence heights shall be limited to four feet within all required front yards. On double frontage lots, fence heights shall be limited to four feet where such lots abut the established minimum front yard of any adjoining lot. The following diagram illustrates the setback requirements established in this section:

(b) Hazards. Notwithstanding subsection (a) of this section, no fence shall be constructed:

(1) Upon determination by the city engineer that the proposed fence constitutes a traffic hazard;

(2) The location of the fence creates a site obstruction, such as within a site distance triangle, as prohibited by Chapter 12.20 TMC, Public Traffic Hazards; or

(3) In such a manner or design as to be hazardous or dangerous to persons or animals.

(c) Construction Methods and Materials. Fences in all districts shall be constructed of normally used fencing materials such as chain link, wood slats, masonry, iron, vinyl, or other materials typically supplied by vendors of fencing materials. The finished side of the fence shall face the street.

(d) The following shall constitute exceptions to the requirements of subsection (a)(1) of this section:

(1) Fences located in or upon parks and/or recreational facilities; provided, however, this exception shall not apply to recreational facilities which are accessory to a single-family dwelling.

(2) Fences located in or upon public use facilities or public utility facilities, such as electrical substations or pumping stations, shall be limited to eight feet in height unless the planning director determines that additional height, not to exceed 10 feet, is necessary for public health and safety.

(e) Fences in X districts shall comply with TMC 18.185.070. (Ord. 20062 § 33, 4-18-17.)

    Cross References: Planning department, TMC 2.25.090; city engineer, TMC 2.25.110.

18.210.050 Cargo containers.

Cargo containers as an accessory use are permitted in the I-1 and I-2 districts. In all other districts cargo containers are permitted only in accordance with the following provisions and standards.

(a) In a residential zoning district, one cargo container used as a moving pod no larger than 160 square feet and no more than nine feet tall may be used on a temporary basis for up to 30 days within a calendar year.

(b) In a nonresidential or mixed use zoning district, cargo containers no larger than 320 square feet and no more than nine feet tall may be used on a temporary basis for up to 30 days within a calendar year.

(c) In commercial zoning districts C-3, C-4, X-2 and where accessory to institutional uses in other zoning districts, cargo containers shall not be visible from a public street either by placement or opaque fence/landscape screening. Any cargo container only visible from the front of buildings on adjacent property shall be set against the primary building and color matched with the building, and shall be limited to one cargo container. In addition, cargo containers shall:

(1) Not displace or interfere with required parking, circulation, or emergency access;

(2) Not be used as a base, platform, or location for business identification signs;

(3) Not be located in any required front or side yard setback adjoining a street right-of-way; and

(4) Be located at grade level and not stacked.

(d) Exceptions to the requirements in subsections (a) through (c) of this section include:

(1) Cargo containers used for allowed on-site construction purposes for a period not to exceed the duration of a construction project with a valid building permit and for no more than 180 days for construction projects not requiring a building permit.

(2) Cargo containers used where accessory to public or institutional athletic fields as the primary use.

(e) Any legally existing cargo containers made nonconforming on the effective date of the ordinance codified in this section shall conform on or before September 1, 2017. (Ord. 20062 § 34, 4-18-17.)