(a) Definition.
An accessory building is defined as any structure, either attached or detached from the main dwelling or commercial building, the use of which is incidental to that of the main structure and located on the same lot. Accessory structures include, but are not limited to, detached garages and carports, patio covers, arbors, gazebos, cabanas, outdoor kitchens, recreational fire-pits, sheds, and other enclosures. Agricultural accessory buildings include barns, stables, coops, or any enclosure designed to accommodate farming or ranching supplies, livestock or fowl. Fences are not included in this definition of “accessory structure.”
(b) Permit required.
An accessory structure that is less than or equal to 120 square feet (approximately 10' X 12') in size shall not be required to obtain a building permit, but shall meet all height and setback requirements of this article. An accessory structure that is greater than 120 square feet in size OR any size structure that is attached to the main building shall be required to have a building permit, be inspected by the city, and meet the requirements of this article.
(c) Allowed accessory buildings.
Allowed accessory uses are listed in the requirements for each zoning district provided for by this chapter. However, in general, no commercial uses are allowed in an accessory building. In addition, an accessory structure may only be used for dwelling purposes in the AG, agricultural, SF-E, single-family estate, or OT, downtown zoning districts and in no case may be rented to a person other than a family member or permanent member of the household staff.
(d) General provisions.
(1) Attached structures.
Any structure that is attached to the principal building shall be considered a part thereof and shall comply with all the requirements for the principal structure, unless otherwise provided herein. Unenclosed structures, such as patio covers and gazebos, may encroach into the rear and side yard setback so long as a five (5) foot setback is maintained from all property lines.
(2) Detached structures.
Detached structures shall comply with the requirements set out in this article and may not be located in the front yard or between the primary structure and any street.
(3) Easements.
Accessory buildings shall not be located within or over an easement or right-of-way, unless approved in writing by the holder of the easement.
(4) Prohibited storage.
Containerized storage, cargo storage, and/or trailer storage shall not be permitted. Notwithstanding the above, temporary storage pods may be placed within a private driveway (but not blocking any portion of the right-of-way or sidewalk) for a period not to exceed seven (7) days for the purposes of loading or unloading furnishings or other goods.
(5) Not allowed in front yard.
Accessory structures shall not be located in the front yard area. This excludes temporary uses such as basketball hoops, bike, or skateboard ramps, or other moveable recreational devices. However, any such device shall be located entirely within the boundaries of the private property and shall not be placed in the right-of-way, the street, the sidewalk, or the parkway (defined as the grassy area between the sidewalk and the curb).
(6) Utility lines.
All associated service and utility lines shall be buried.
(7) Approval.
Building permits are approved by the building official, following review and approval of the site plan by the director of development services, as applicable.
(e) General development standards for accessory buildings.
Article 14.03, Table 3 Standards for Accessory Buildings Maximum Number, Type, and Square Footage per Lot Size in Residential Districts |
---|
| Less than one acre | One acre or greater, but less than 3 acres | Three acres or greater |
---|
Max number of accessory structures | 2 | 3, plus barn | No limit |
Max square footage of all accessory structures | 600 or 25% of house square footage, whichever is greater | 4,000 | 10,000 |
Max height of accessory structures, measured at eave of structure (other than barns) | 10 feet | 16 feet | 20 feet |
Barns allowed (includes other agricultural structures) | No | Yes | Yes |
Max square footage of barns | N/A | 4,000 | 10,000 |
Max height of barns (at ridge line) | N/A | 35 feet | 35 feet |
(f) Architectural standards for accessory buildings.
(barn structures and greenhouses excluded - see section
14.03.202(2) and
(6), for specific regulations related to barns and greenhouses, respectively).
(1) Permits are required for all accessory structures that are greater than 120 square feet.
(2) Permanent and/or engineered foundations may be required per the adopted International Code.
(3) Accessory structures less than or equal to 120 square feet are not subject to architectural standards for exterior materials, but shall be properly anchored to the ground per the International Residential Code (IRC).
(4) Accessory structures that are between 121 and 200 square feet shall be constructed of wood, treated engineered wood, metal, cementitious fiberboard, brick, stone, or stucco. Materials from the approved list may be combined.
(5) Accessory structures that are between 201 and 600 square feet shall be constructed of treated engineered wood, cementitious fiber board, brick, stone, or stucco that blend and compliment the main structure. In addition, accessory structures between 201 and 600 square feet shall incorporate a brick or stone wainscot (36" in height for structures ≤ 12 feet in height; 48" in height for structures >12 feet in height, measured at the eave) in an exterior material that is generally similar to or blends with the masonry material of the main structure, if applicable. Materials from the approved list may be combined.
(6) Accessory structures that are greater than 600 square feet shall generally match the exteriors of the main structure in terms of types of materials, percentages of materials, and color.
(7) All accessory structures shall be earth tones in color.
(8) Metal buildings require raised or standing seams, minimum 26" gauge, corner trim, pre-installed, baked-in finish that cannot be bold colors.
(g) Setback and siting regulations for most accessory structures.
(1) No accessory structures shall be located in front yards and may not be located between the primary structure and the street.
(2) Accessory structures that are attached to a residence or non-residential building shall abide by the side and rear yard setbacks of the governing zoning district.
(3) Detached accessory structures in residential zoning districts shall observe the following side yard setbacks:
(A) Typical side yard setback shall be three (3) feet.
(B) Side yard setback when also facing a street shall be fifteen (15) feet.
(4) Detached accessory structures in residential zoning districts shall observe the following rear yard setbacks:
(A) Rear yard setback shall be three (3) feet for structures that are <250 square feet in size, no greater than eight (8) feet at the eave line, and screened from the alley or adjacent property by a solid fence.
(B) Rear yard setback shall be five (5) feet for structures that are ≥250 square feet in size OR that do not meet the height or fence requirement cited above.
(C) Setback as the main structure in the governing zoning district.
(Ordinance 2019-42 adopted 10/8/19)
These regulations supersede any general regulations listed in section
14.03.201. However, if a standard is not specifically mentioned in the regulations, below, then the regulations stated in section
14.03.201 apply. Building permits for the accessory structures listed below are approved by the building official, following review of the regulations specified for each type of accessory structure and approval of the site plan by the director of development services, if applicable.
(1)
Accessory dwelling unit (ADU) regulations.
(A)
An ADU is defined as a subordinate building/structure intended for habitation. ADUs shall not be permitted without a main building or primary use in existence and are subject to zoning district regulations.
(B)
ADUs are prohibited in all zoning districts other than the AG, agricultural zoning district, SF-E, single-family estate zoning district, or OT, downtown zoning district. In these districts, ADUs shall be allowed as an incidental residential use of a primary residential structure, located on the same lot as the primary residential structure, may be occupied only by the residents or guests of the primary residential structure, and shall meet the standards listed herein.
(C)
An ADU may not be sold separately from sale of the entire property, including the primary residential structure, and shall not be rented or sublet;
(D)
An ADU is not permitted without the primary residential structure;
(E)
Utility services shall be metered by the same meter as that which serves the main structure on the premises, unless otherwise allowed by the building official;
(F)
ADUs shall abide by the same setback, height, and architectural regulations as detached garages, except that the rear yard setback shall be twenty (20) feet;
(G)
The total conditioned square footage of an ADU is limited to 800 square feet for lots that are less than one-half (1/2) acre in size. Lots that are one-half (1/2) acre or greater in area may construct an ADU up to 1,200 square feet if all other regulations are met. An ADU shall be constructed to the rear of the primary residential structure, and may be attached to or separate from the main dwelling (note that ADUs that are attached to the main structure that cause the overall structure to be greater than the threshold set by the fire codes may require the entire structure to be sprinklered);
(H)
No ADU or living quarters shall be used or occupied as a place of abode or residence by anyone other than a family member or guest of the owner/occupant of the primary residential structure or a bona fide caretaker, servant or farm worker actually and regularly employed by the landowner or occupant of the main building; and
(I)
Only one ADU, including a garage ADU, or servant’s/caretaker’s quarters, shall be allowed on any lot, and the ADU shall be clearly incidental to the primary residential structure.
(J)
The exterior facades of a ADU shall be constructed of a masonry material (brick, stone, stucco) or materials that are generally similar to the materials, percentages, and colors used on the main building or structure.
(2)
Barns and farm accessory structure regulations.
(A)
Barns are not allowed on lots that are less than one (1) acre in size.
(B)
All farm accessory structures greater than 120 square feet in area require a building permit.
(C)
The site on which a barn is proposed shall be currently classified and in operation as an agricultural enterprise.
(D)
Barns may be constructed of any suitable all-weather material as listed in the adopted International Building Code.
(E)
The height of barns or other farm accessory structures shall not exceed thirty-five (35) feet, measured from the ground to the ridge line.
(F)
The siting of such facilities shall be selected to minimize visibility from the public right-of-way.
(G)
Commercial operations, or operations open to the general public, are considered commercial enterprises and shall abide by all commercial building regulations and permits.
(3)
Carport regulations.
(A)
Metal support poles required;
(B)
Carports shall have a pitched roof or be sufficiently slanted to drain and shall be attached to the primary residence;
(C)
Carports are prohibited in any front yard;
(D)
Setbacks for carports shall be the same as for the primary structure in the governing zoning district; and
(E)
Manufactured homes may install a carport, which shall be designed to shelter a maximum of two (2) vehicles, shall not exceed ten (10) feet in height, and shall not be located closer than three (3) feet to any side or rear lot line.
(4)
Commercial accessory structure regulations.
(A)
All structures located in non-residential, commercial, office, retail, industrial, and multifamily zoning districts, and structures associated with such land uses, are considered permanent, commercial buildings and shall obtain all necessary permits and inspections and abide by all applicable codes and masonry regulations.
(B)
Accessory structures with pervious roofs, such as decorative pergolas or arbors, may be constructed with fire-treated and rot-resistant wooden or comparable material with director approval. An open-air pavilion shall encase its columns in masonry that matches the primary building. Modular storage units, portable on demand storage containers, donation bins, kiosks or stands, cargo containers, and drop-off bins/trailers are considered accessory structures.
(5)
Detached garage regulations.
(A)
Front yard setback shall be twenty (20) feet for front-loading garages;
(B)
Rear yard setback shall be twenty (20) feet for alley access garages;
(C)
Side yard setback shall be twenty (20) feet for garages with access to a side street.
(D)
Typical side yard setback shall be five (5) feet;
(E)
The size, height, and architectural restrictions are the same as for accessory structures listed in table A [table 3] of this article, except that a minor height waiver for associated pitched roofs may be granted at the discretion of the director of development services; and
(F)
An exception to the sixteen (16) foot maximum height for a detached garage may be granted at the discretion of the director of development services for garages that are designed for oversized vehicles, such as RVs, boats, etc. as long as the overall height remains lower than the overall height of the main structure.
(G)
The exterior facades of detached garages shall be constructed of a masonry material (brick, stone, stucco) or materials that are generally similar to the materials, percentages, and colors used on the main building or structure.
(6)
Greenhouse structure regulations.
(A)
Greenhouse structures require a building permit if ≥120 square feet.
(B)
Greenhouses may be constructed of glass, opaque plastic, and other all-weather material as listed in the adopted International Building Code;
(C)
Typical side yard setback shall be three (3) feet;
(D)
Side yard setback shall be fifteen (15) feet when facing a street;
(E)
Rear yard setback shall be three (3) feet for structures that are <250 square feet in size, no greater than eight (8) feet at the eave line, and screened from the alley or adjacent property by a solid fence; and
(F)
Rear yard setback shall be five (5) feet for structures that are ≥250 square feet in size or that do not meet the height and fence requirement cited above.
(7)
Patio cover and outdoor room regulations.
(A)
Patio covers or outside rooms that are attached to the primary structure and are ≤250 square feet shall be setback a minimum of three (3) feet of any property line;
(B)
Patio covers or outside rooms that are attached to the primary structure and are >250 square feet shall be setback a minimum of five (5) feet of any property line or the same setback for the primary structure, whichever is greater;
(C)
Metal or wood may be used as support structures, but the wood shall be treated or otherwise impervious to rotting;
(D)
Open roofing on patio covers and/or outdoor rooms may be constructed of wood beams that have been treated or otherwise impervious to rotting; and
(E)
Covered or partially enclosed patios may be connected to the primary structure. However, should the applicant wish to convert the partially enclosed patio into a fully functioning room, the setbacks for the zoning district in which the residence is located shall apply.
(8)
Patios and flatwork regulations (concrete or pavers).
(A)
All patios, grading, and other residential flatwork require a building permit.
(B)
All new parking, drives, and approaches shall be constructed with concrete to the city’s engineering design criteria;
(C)
Any flatwork, foundation, or slab greater than 200 square feet shall be drawn to city standards and may require an engineer’s seal;
(D)
Flatwork shall be set back a minimum of three (3) feet from any property line;
(E)
Flatwork is not allowed in the front yard area, unless the flatwork is for a driveway for a front-loading garage. This shall not be interpreted to allow for enlarged driveways, whose width should match the width of the enclosed garage and not be expanded into the side yard setback;
(F)
Nothing within this section allows the creation of a drainage hazard or issue, and all flatwork shall be sloped or graded to drain;
(G)
Paving is limited to twenty percent (20%) of total lot coverage, including the driveway but not including any patio, walkway, pool deck, sports courts or other paved feature; and
(H)
A residential property shall continue to maintain the majority of each of its yard in living landscape, as required by the landscape ordinance and administered by the director of development services. Mulch, gravel, rock gardens, decorative stone, and similar material may be used for decorative patterns, beds, erosion control, and in other limited application with associated landscaping; however, their use shall not be the predominant groundcover.
(9)
Swimming pools, spas, and hot tub regulations.
(A)
Shall not be located in the front yard area;
(B)
Shall comply with the minimum side yard and corner lot requirements for accessory structures;
(C)
The setback shall be a minimum five (5) feet from any building line to the water’s edge; and
(D)
The setback shall be a minimum three (3) feet from any building line to decking or flatwork.
(10)
Temporary building regulations.
(A)
Land uses other than churches and public schools shall abide by the rules below. However, the number of temporary buildings, size or the buildings, and duration of time allowed for these uses shall be determined by the city council on a case-by-case basis.
(B)
Churches and public schools, regardless of the zoning district, may have a maximum of three (3) accessory buildings at any given time. The total floor area of all accessory buildings shall not exceed thirty (30%) of the square footage of the first floor of the main building or 3,000 square feet, whichever is less.
(C)
Accessory buildings utilized by churches and public schools are exempt from the architectural standards listed in this article.
(D)
The siting of temporary buildings shall be selected to minimize visibility from the public right-of-way.
(E)
Skirting for the temporary building is required, as is concrete pedestrian access, in addition to any required ramps.
(F)
A stabilizing foundation in compliance with the approved building code shall be provided or appropriate tie-down systems, as approved by the fire department.
(G)
All buildings shall be perpetually maintained and repaired in a safe, reasonably attractive condition by the property owner in a manner that protects against the elements, is structurally safe, and corrects any visual ills or other problems.
(Ordinance 2019-42 adopted 10/8/19)