The purpose of these provisions is to specify the uses that
are permitted as accessory to the primary uses in the zone districts,
and to establish the regulations that apply to accessory structures.
(Ord. 5428 § 1, 2014)
A.
Accessory Uses Encompassed by Primary Use. In addition to the primary uses expressly included in a use classification, each use classification shall be deemed to include such accessory uses which are specifically identified by these regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary uses. It shall be the responsibility of the Planning Manager to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary use, based on the Planning Manager’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the primary uses and the relationship between the proposed accessory use and the primary use. Determinations by the Planning Manager shall be subject to appeal pursuant to Chapter 19.80, and a record of all such determinations shall be maintained by the Planning Manager.
B.
Accessory Uses Subject to Regulations. Accessory uses shall
be regulated in the same manner as the primary uses within each use
classification, except as otherwise expressly provided by these regulations.
C.
Permitted Accessory Uses for a Dwelling Use Type.
3.
Off-street
parking areas and parking structures for use by persons living, or
visiting the premises.
4.
Repair
and maintenance of automobiles or other vehicles if work is being
done on a vehicle registered to a resident of the premises, or not
more than one automobile or other vehicle at a time if work is being
done on a vehicle registered to someone other than a resident of the
premises. Notwithstanding the above, repair or maintenance of any
tractor trucks or semi-trucks is not permitted in any residential
zone district.
5.
Rental
and sales offices for the leasing and sales of units located in the
same apartment or condominium complex.
E.
Permitted Accessory Uses for Commercial and Industrial Use Types.
1.
Automatic
teller machine.
2.
Cafeteria,
delicatessen and food vending with an area of less than 1,000 square
feet.
3.
Fleet
storage of company owned vehicles within a parking lot.
5.
Outdoor
storage, provided that:
a.
All outdoor storage in commercial zones shall be screened from public
view through a combination of building design, landscaping and berming,
and/or location. Any outdoor storage that is not completely screened,
as determined by the Planning Manager, is subject to an Administrative
Permit;
b.
There shall be no visible storage of motor vehicles, trailers, airplanes,
boats, or their composite parts except where authorized by an automobile,
trailer, airplane, or boat sales business in commercial zones.
6.
Recreational
facilities (indoors or outdoors) for use of employees. Such facilities
include, but are not limited to: basketball courts, ballfields, putting
greens and volleyball courts.
9.
Plazas.
10.
Caretaker residence when associated with a personal storage facility.
(Ord. 5428 § 1, 2014)
A.
Accessory Structures Included With Permitted Uses. In addition to the primary structures associated with permitted uses, each use classification shall be deemed to include such accessory structures which are specifically identified by these regulations, and such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary structures. It shall be the responsibility of the Planning Manager to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure, based on the Planning Manager’s evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed. Determinations by the Planning Manager shall be subject to appeal pursuant to Chapter 19.80, and a record of all such determinations shall be maintained by the Planning Manager. All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they are located and any other permits required (e.g., Design Review Permit).
B.
Accessory Structures Subject to Regulations. Accessory structures
shall be regulated in the same manner as the primary structures within
each zoning district, except as otherwise expressly provided by these
regulations. Accessory structures may be established concurrently
or following the construction of a primary structure.
C.
Permitted Accessory Structures to Dwelling Use Type (Single-Family
and Two-Family):
1.
Decks and Balconies. Uncovered decks under 30 inches in height at the top of the deck sheathing are permitted anywhere on a parcel, without respect to required setbacks. Any deck or balcony (uncovered or covered) which is 30 inches or taller in height, when measured as outlined in Section 19.95.030(H)(1) (Height, Building and Other Structures), shall maintain a minimum side yard setback of two times the required interior side yard setback for the primary structure, a rear yard setback of one-half the required rear yard setback for the primary structure, a 10-foot front yard setback, and shall be located consistent with the residential clear vision triangle requirements of Section 19.10.030(B).
2.
Unenclosed structures, including, but not limited to, shade
structures, carports, boat and RV covers, patio covers and gazebos
located on the ground floor. Such structures are subject to the following
requirements:
a.
The structure shall not enclose any area equal to or greater than
20 percent on any side not attached to the residence;
b.
The structure shall not be constructed of materials which would create
a year round livable area;
c.
Less than seven feet in height:
i.
Interior Lot. Unenclosed structures less than seven feet in height
may be located anywhere within a parcel, but shall maintain the required
front yard setback;
ii.
Corner Lot. On the street side of a corner lot, the structure shall
maintain a five-foot setback as measured from the back of the sidewalk
or, in the absence of a sidewalk, the right-of-way;
iii.
On the street side of a corner lot located adjacent to a key
lot, the structure shall maintain a 10-foot setback as measured from
the back of the sidewalk or, in the absence of a sidewalk, the right-of-way.
d.
Greater than seven feet in height.
i.
The structure shall maintain the required front yard setback and
a five-foot rear and side yard setback;
ii.
The structure shall not exceed 15 feet in height and one story. For
each foot in height above 10 feet the required setback, except the
front yard setback, shall be increased by one foot. Structures integrated
into the existing roofline of the primary structure, and exceeding
the height limit, or constructed concurrently with the main residence
shall be considered attached to (and part of) the primary structure
for purposes of this article;
iii.
On the street side of a corner lot, the structure shall maintain
a five-foot setback as measured from the back of the sidewalk or,
in the absence of a sidewalk, the right-of-way;
iv.
On the street side of a corner lot located adjacent to a key lot,
the structure shall maintain a 10-foot setback as measured from the
back of the sidewalk or, in the absence of a sidewalk, the right-of-way.
3.
Enclosed structures are subject to the following requirements:
a.
Less than seven feet in height.
i.
The minimum setback is five feet from the back of sidewalk or right-of-way,
whichever is greater, on the street side for corner lots;
ii.
The minimum setback is 10 feet from the back of sidewalk or right-of-way,
whichever is greater, when adjacent to a key lot; and
iii.
No setback is required adjacent to the rear or interior side
property lines.
b.
Greater than seven feet in height.
i.
The maximum height is 15 feet and one story;
ii.
The minimum setback is five feet from the rear and side property
lines;
iii.
The minimum setback is 12.5 feet from the back of sidewalk or
edge of right-of-way on corner lots; and
iv.
For each foot in height above 10 feet, the required setback, except
for the front yard setback, shall be increased by one foot.
c.
General.
i.
If the building or structure is located within a required rear yard
setback, the total size of the building or buildings, cumulatively,
shall be less than 50 percent of the required rear yard area.
ii.
The required front yard of the applicable residential zone district
shall be maintained.
iii.
A maximum of 700 square feet of detached building(s) or structure(s)
is permitted on the same lot. Additional square footage of detached
accessory building(s) or structure(s) (excluding Accessory Dwelling
Units), in excess of 700 square feet, may be permitted upon approval
of an Administrative Permit.
iv.
An extension of the main building or accessory building roof (e.g.,
a breezeway) may connect the accessory building to the primary building,
but it shall not be considered part of (attached to) the main (primary)
building, except as specified below. The breezeway and accessory building
must maintain required side yard setbacks.
v.
Any accessory structure located less than six feet from the primary building shall be considered attached to (and part of) the primary building for purposes of this article, and shall be subject to the development standards for the primary building. Additions to primary structures are regulated pursuant to Section 19.10.030 (Residential Zone General Development Standards).
4.
Fences and Walls. A maximum seven-foot high fence (including
lattice and similar attachments) or wall may be located on a parcel
consistent with the following requirements:
a.
The maximum height shall be reduced to three feet if located:
ii.
Within a required front setback; or
iii.
Within five feet of the back of the sidewalk, or in the absence
of a sidewalk, the back of the right-of-way of a street-side for a
corner lot, or within 10 feet of the back of the sidewalk, or in the
absence of a sidewalk, the back of the right-of-way of a street-side
for a corner lot adjacent to a key lot.
 |
b.
When there is a difference in the ground level between two adjoining
parcels, the height of any fence or wall constructed along a common
property line shall be determined by using the finished grade of the
highest contiguous parcel.
c.
The height of a fence or wall may be increased a maximum of one foot
to provide for noise attenuation or buffering of adjacent land uses,
subject to approval of an Administrative Permit. Fences and walls
in excess of eight feet may be permitted subject to the approval of
a Conditional Use Permit.
d.
The provisions of this section shall not apply to any fence or wall
required by any law or regulation of the City or State.
5.
Flag Poles. The pole may be a maximum of 35 feet in height
and shall maintain a minimum five-foot setback from any property line.
6.
Security facilities, including security gates and gate houses
at a project entrance.
7.
Antennas, including HAM radio, radio and television receiving antennas subject to requirements of Chapter 19.34.
8.
Children’s play equipment, including playsets, playhouses
and tree houses.
9.
Recreation facilities, including recreation activity courts
and facilities (excluding associated fencing and netting), swimming
pools, spas and hot tubs, which are customarily associated with residential
use, are permitted in the rear and side yards. Recreational facilities
shall not include automated pitching equipment or similar noise generating
recreation equipment not typically associated with residential use.
11.
Entry Arbors. Entry arbors may be located within the
required front yard setback provided they do not cover more than 25
square feet in area and do not exceed a height of 10 feet.
12.
Landscape Features. Landscape features including fountains
less than seven feet in height may be located within the front yard
setback provided the feature is located outside of the clear vision
triangle and does not exceed 25 square feet in area.
13.
Mailboxes. United States Postal Service (USPS) mailboxes
may be located within the required front yard setback provided the
mailbox is located outside of the clear vision triangle and does not
exceed six square feet in area. The mailbox must also comply with
the USPS requirements.
14.
Outdoor Living Elements. Outdoor living elements including,
but not limited to, outdoor fireplaces and outdoor kitchens, are not
permitted in the required front yard and shall adhere to the development
requirements for Enclosed Accessory Structures.
15.
Exceptions to Setbacks. Notwithstanding the requirements of subsection A of this section, the following structures are permitted to encroach into the required development setbacks, as follows:
a.
Architectural features, such as, but not limited to: cornices, eaves
and similar features, but not any flat wall may encroach up to two
feet into any required setback.
16.
Exceptions to Accessory Structure Requirements. Unless
otherwise noted that a Conditional Use Permit is required, an exception
to the requirements of this section may be approved subject to the
approval of an Administrative Permit.
D.
Permitted Accessory Structures to Dwelling Use Type (Multi-Family).
1.
Bicycle lockers and off-street parking areas.
2.
Decks and Balconies. Uncovered decks under 30 inches in height at the top of the deck sheathing are permitted anywhere on a parcel, without respect to required setbacks. Any deck or balcony (uncovered or covered) of 30 inches or taller in height, when measured as outlined in Section 19.95.030(H)(1) (Height, Building and Other Structures), shall maintain a minimum side yard setback of two times the required interior side yard setback for the primary structure, a rear yard setback of one-half the required rear yard setback for the primary structure, a 10-foot front yard setback, and shall be located consistent with the residential clear vision triangle requirements of Section 19.10.030(B).
3.
Unenclosed structures, including detached shade structures,
covered patios, arbors, and gazebos located on the ground floor. Such
structures are subject to the following requirements:
a.
The structure shall not enclose any area equal to or greater than
20 percent on any side;
b.
The structure shall not be constructed of materials which would create
a year round livable area;
c.
The structure shall not exceed 15 feet in height and one story. For
each foot in height above 10 feet the required setback, except the
front yard setback, shall be increased by one foot;
d.
The structure shall maintain a 15-foot front yard setback and a five-foot
rear and side yard setback;
e.
On the street side of a corner lot, the structure shall maintain
a five-foot setback as measured from the back of the sidewalk or,
in the absence of a sidewalk, the right-of-way;
f.
On the street side of a corner lot located adjacent to a key lot,
the structure shall maintain a 10-foot setback as measured from the
back of the sidewalk or right-of-way; and
g.
The size or location of the structure does not violate any requirements
of an approved site review, design review or Administrative Permit.
4.
Fences and Walls. A maximum seven-foot high fence (including
lattice and similar attachments) or wall may be located anywhere on
a parcel consistent with the following requirements:
a.
The maximum height shall be reduced to three feet if located:
ii.
Within a required front setback; or
iii.
Within five feet of the back of the sidewalk, or in the absence
of a sidewalk, the back of the right-of-way of a street-side for a
corner lot, or within 10 feet of the back of the sidewalk, or in the
absence of a sidewalk, the back of the right-of-way of a street-side
for a corner lot adjacent to a key lot.
b.
When there is a difference in the ground level between two adjoining
parcels, the height of any fence or wall constructed along a common
property line shall be determined by using the finished grade of the
highest contiguous parcel.
c.
The height of a fence or wall may be increased a maximum of one foot
to provide for noise attenuation or buffering of adjacent land uses,
subject to approval of an Administrative Permit. Fences and walls
in excess of eight feet may be permitted subject to the approval of
a Conditional Use Permit.
d.
The provisions of this section shall not apply to any fence or wall
required by any law or regulation of the City or State.
5.
Flag Poles. The pole may be a maximum of 35 feet in height
and shall maintain a minimum five-foot setback from any property line.
6.
Security facilities, including security gates and gate houses
at a project entrance.
7.
Antennas, including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 19.34.
8.
Recreation facilities, including recreation activity courts
and facilities, children’s play equipment, swimming pools, spas
and hot tubs.
10.
Signs, as permitted by Title 17 of this Code.
11.
Transit facilities.
12.
Trash enclosures and recycling facilities.
13.
Exceptions to Accessory Structure Requirements. Unless
otherwise noted that a Conditional Use Permit is required, an exception
to the requirements of this section may be approved subject to the
approval of an Administrative Permit.
E.
Permitted Accessory Structures to Commercial and Industrial Use Types.
1.
Bicycle lockers, and off-street parking areas and structures.
2.
Unenclosed structures, including arbors and gazebos.
3.
Detached enclosed storage.
4.
Detached unenclosed storage buildings and pole buildings associated
with the outdoor display of building materials, nursery stock, or
other materials which are typically displayed outdoors or under a
canopy.
5.
Fences and walls, except that no fence or wall in excess of
three feet may be located within a commercial clear vision triangle
(see Definition);
6.
Flag Poles. The pole may be a maximum of 35 feet in height
and shall maintain a minimum five-foot setback from any property line.
7.
Security facilities, including security gates and gate houses
at a project entrance.
8.
Antennas, including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 19.34.
9.
Recreation facilities, including recreation activity courts
and facilities for use by employees.
11.
Signs, as permitted by Title 17 of this Code.
12.
Transit facilities.
13.
Trash enclosures and recycling facilities.
F.
Prohibited Accessory Uses and Structures Within All Zone Districts
and Use Types.
1.
Outdoor Storage. Storage of loose rubbish, garbage, junk or
their receptacles shall not be visible from any public right-of-way.
Outdoor storage of other materials and equipment may be permitted
consistent with the use types and permit requirements of Article II
of this title.
2.
Vehicles for Sale. No vehicles shall be stored or displayed
for sale on any undeveloped parcel or on any property zoned for commercial
or industrial uses except where authorized for automobile sales pursuant
to this title.
3.
Fences. The use of barbed wire, electrified fence, razor wire
or similar security devices in conjunction with any fence, wall, or
hedge, or by itself is prohibited, except in the following circumstances:
a.
For security purposes in non-residential zones, where the barbed
wire, electrified wire, or razor wire is located a minimum of six
feet above the ground;
b.
Where property is zoned urban reserve and is still being primarily
utilized for agricultural purposes; and
c.
Where required by any permit condition, law or regulation of the
City or state.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020; Ord. 6538 § 8, 2022)
