40.260.010 Accessory Buildings and Uses

A.    A greenhouse or hothouse may be maintained accessory to a dwelling; provided, there are no sales.

B.    A guesthouse may be maintained accessory to a dwelling, unless otherwise limited by the zoning district.

C.    In districts where single-family residential uses are permitted outright, one freestanding garage may be constructed in advance of the construction of the intended principal residence; provided, that:

1.    Building permits have been issued for both the principal residence and the accessory garage;

2.    The garage structure does not contain any habitable floors per Section 40.100.070 of this title;

3.    A covenant shall be recorded in a form approved by the Prosecuting Attorney restricting the use of the accessory structure as follows until such time as the principal residence is constructed and occupied:

a.    The garage is used only by the property owner, not leased to others nor used for sales.

b.    Storage is limited to household items, or household equipment and materials being actively used in the construction of the principal residence.

D.    The height of detached accessory buildings, including garages, greenhouses, guesthouses and similar structures, shall be regulated as follows:

1.    In areas zoned R1-20, R1-10, R1-7.5, R1-6 and R1-5:

a.    On lots less than or equal to twenty thousand (20,000) square feet in area, no accessory building shall exceed eighteen (18) feet in height.

b.    On lots larger than twenty thousand (20,000) square feet in area, no accessory building shall exceed thirty-five (35) feet in height.

2.    In all other zoning districts, nonagricultural accessory buildings shall not exceed the maximum height limitation for the particular zoning district.

3.    Agricultural buildings over thirty-five (35) feet in height shall maintain a minimum fifty (50) foot setback from all property lines per Section 40.200.060.

(Amended: Ord. 2011-08-08)

E.    In the R1-5, R1-6, R1-7.5, R1-10 and R1-20 zoning districts, garden sheds, gazebos and play houses may be permitted in side or rear setbacks in the single-family residential zones subject to the provisions of Section 40.200.070(A)(4).

F.    Three (3) or more dismantled, obsolete or inoperable motor vehicles on one (1) lot shall constitute an automotive recyclable materials facility as defined by this title and shall not be considered an accessory use.

(Amended: Ord. 2006-05-01; Ord. 2007-06-05)