This Section provides standards for accessory structures allowed in residential zoning districts in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards):
A. General Requirements for Accessory Structures in Residential Zoning Districts.
1. Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to, and not alter, the residential character of the site. A covenant may be required to be executed and recorded to ensure the accessory use and structure is identified and maintained consistent with the City's approval, in accordance with § 17.595.045 (Covenants).
2. Allowable heights. The maximum allowable heights of accessory structures are specified in Table 4-4 (Maximum Heights for Accessory Structures in Residential Zoning Districts) below.
Applicable Zoning District | Maximum Height |
Single-Family Residential (R1), Two-Family Residential (R2) and Three-Family Residential (R3) Zoning Districts. | 2 stories and 27 feet |
Low Density Multiple-Residential (RLD), Medium Density Multiple-Residential (RMD) and High Density Multiple-Residential (RHD) Zoning Districts. | 2 stories and 30 feet |
3. Allowable setbacks.
a. The accessory structure shall have a setback of at least 2 feet from every perimeter property line abutting a non-residential zone, street, or alley and shall have a setback of at least 4 feet from every perimeter property line when the setback is adjacent to a residential zone, except that the setback shall be the same as that required for the primary dwelling in the zoning district in which the accessory structure is located, whenever the accessory structure:
i Exceeds 12 feet in height; or
ii. Is within a setback facing a public street right-of-way.
b. A single story, ground-level accessory residential structure containing a second story accessory dwelling unit shall be subject to setback regulations for accessory dwelling units. Any portion of an accessory residential structure that exceeds 12 feet in height, located on the second floor, or is within a setback facing a public street right-of-way shall comply with the same setbacks required for the primary dwelling in the corresponding zoning district.
c. If the accessory structure is a carport or garage, it shall be set back from a public street right-of-way as necessary to conform with the requirements of Subsection 17.320.035.N. (Special Parking Requirements for Residential Uses).
d. Partial reconstruction and additions to existing legal non-conforming accessory residential structures on through lots with frontages on both Charles Avenue and Milton Avenue shall be subject to provisions of § 17.610.020.A.3.c (Alterations or Additions).
e. Exceptions. The following structures are exempt from the accessory structure setback requirements, with a cumulative limit of 2 maximum of any combination of such accessory structures on 1 property.
i. Movable structures not exceeding 12 feet in height, including children’s play equipment, pet shelters, and similar structures, may be placed within a required side or rear setback without limitation on location.
ii. Portable storage sheds which are prefabricated, do not exceed 8 feet in height if flat roofed, nor 12 feet in height with eaves at a maximum of 8 feet for slope roofed, and are up to 120 square feet in area, may be placed within a required side or rear setback without limitation on location, except that they shall comply with Subsection 4 (Site Coverage) and 5 (Allowable Floor Area) as specified below.
iii. Trash enclosures may be placed within a required rear or side setback without limitation on location.
f. Two story accessory residential structures will not be permitted unless:
i. Only one story is the accessory residential structure and the other story is a garage and/or accessory dwelling unit;
ii. The second story satisfies the same setback requirements that would be applicable to a primary dwelling in the applicable zoning district, unless the second story is an accessory dwelling unit only. See Figure 4-10.
4. Site coverage. Roofed accessory structures shall not occupy more than 50% of the required rear or side setbacks, provided that the Director may approve additional coverage where a replacement open area equivalent to the additional coverage over 50% is substituted elsewhere on the site, provided that:
a. The Director determines that the usability and location of the substitute area is equally satisfactory.
b. The substitute area does not exceed a slope of 10%, and has no dimension less than 15 feet.
5. Allowable Floor Area. The cumulative floor area for all accessory structures, including portable storage sheds, on a lot in a residential zone shall not exceed 800 square feet. The floor area of garages shall be included in such calculation; however, the floor area of other non-habitable accessory structures (including carports) shall not. See Figure 4-10.
6. Additional Standards. The following additional standards shall apply to accessory structures:
a. No more than one 3/4 bathroom shall be permitted in any accessory structure, except for garages which are restricted as noted below.
b. Wet bars are prohibited in accessory structures.
c. Kitchens, including efficiency kitchens, and any appliances that can be used for preparing and/or cooking meals are prohibited in accessory structures.
d. Only a sink and drain (wash basin) are permitted in garages; bathrooms are not permitted within, nor accessible from, garages.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-005 § 2 (part); Ord. No. 2017-012 § 2 (part); Ord. No. 2020-010; Ord. No. 2021-012 § 3 (part); Ord. No. 2023-002, Exhibit A (part))