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Accessory Dwelling Units and Junior Accessory Dwelling Units are subject to the regulations set forth in Chapter 18.09.
(Ord. 5587 § 7, 2023: Ord. 5542 § 6, 2022: Ord. 5538 § 6, 2021: Ord. 5412 § 7, 2017)
Accessory uses and facilities, as referenced in Section 18.10.030, shall be permitted when incidental to and associated with a permitted use or facility in the R-E, R-2, or RMD districts, or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions below and of Chapters 18.40 and 18.42.
(a) Types of Accessory Uses
Accessory uses and facilities include, but are not limited to, the following list of examples; provided that each accessory use or facility shall comply with the provisions of this title:
(1) Residential garages, carports, and parking facilities, together with access and circulation elements necessary thereto;
(2) Facilities for storage incidental to a permitted use; and
(3) Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility;
(b) Location and Development Standards
Except as otherwise provided in this section, accessory buildings shall at all times be located in conformance with requirements for principal buildings, and shall not be located in any required front, side, or rear yard. See Section 18.10.050(a)(3)(C) for allowed encroachments for small storage structures. Accessory buildings may be located in a required interior yard subject to the following limitations:
(1) An accessory building shall not be used for living and/or sleeping purposes unless the building was legally constructed for or was legally converted to living and/or sleeping purposes prior to October 13, 1983.
(2) An accessory building shall not be located in a required front yard, required street yard, or required rear yard of a through lot.
(3) An accessory building shall not be located in a required interior side or rear yard unless the building is at least seventy-five feet from any property line adjacent to a street, measured along the respective lot line. Provided, on corner lots, accessory buildings including detached garages and carports may be located in the rear yard if located at least 75 feet from the front street and at least 20 feet from the side street property lines.
(4) Accessory buildings located within a required interior yard as permitted by this section shall be subject to a maximum height established by a daylight plane beginning at a height of eight feet at the property line and increasing at a slope of one foot for every three feet of distance from the property line, to a maximum height of twelve feet.
(5) No accessory building shall have more than two plumbing fixtures. Accessory buildings shall not be allowed to be turned into habitable space nor shall these structures be allowed to have showers (indoor or outdoor), gas lines, washer/dryers, and/or cooking facilities to be provided inside or attached to the structure, unless the structure is proposed as an ADU/JADU that satisfies all requirements of the Palo Alto Municipal Code.
(6) Accessory buildings located within a required interior yard, as permitted by this section, shall not individually or cumulatively occupy an area exceeding fifty percent of the required rear yard.
(7) The minimum distance between separate buildings located on the same site shall be as required by Title 16; provided, accessory buildings in the Residential Estate (RE) district shall be separated from the principal building by at least three feet.
(8) A principal building and an accessory building, meeting the requirements of Title 16 and each located on a site as otherwise permitted for principal building and accessory buildings, may be connected by a structure meeting the definition of a breezeway. Such structure, or breezeway, shall be a part of the accessory building.
(Ord. 5585 § 4, 2023: Ord. 4875 § 2 (part), 2005)
Basements shall be permitted in areas that are not designated as special flood hazard areas, as defined in Chapter 16.52, subject to the following regulations:
(a) Permitted Basement Area
Basements may not extend beyond the building footprint and basements are not allowed below any portion of a structure that extends into required setbacks, except to the extent that the main residence is permitted to extend into the rear yard setback by other provisions of this code. Basements which serve the primary unit may not extend under an attached ADU or JADU to the extent those secondary units utilize the bonus floor area, lot coverage, and/or maximum house size exemptions identified in Section 18.09.
(b) Inclusion as Gross Floor Area
Basements shall not be included in the calculation of gross floor area, provided that:
(1) basement area is not deemed to be habitable space, such as a crawlspace; or
(2) basement area is deemed to be habitable space but the finished level of the first floor is no more than three feet above the grade around the perimeter of the building foundation. Grade is measured at the lowest point of adjacent ground elevation prior to grading or fill, or finished grade, whichever is lower; or
(3) basement area is associated with a historic property as described in Section 18.04.030(a)(65)(D)(vii).
(c) Lightwells, Stairwells and Other Excavated Features
Excavated features shall not affect the measurement of the grade for the purposes of determining gross floor area, so long as such features meet the following provisions:
(1) Lightwells, stairwells and similar excavated features along the perimeter of the basement shall not affect the measurement of grade, provided that:
(A) such features are not located in the front of the building;
(B) such features shall not exceed 3 feet in width;
(C) the cumulative length of all such features does not exceed 30% of the perimeter of the basement;
(D) such features do not extend more than 3 feet into a required side yard nor more than 4 feet into a required rear yard, but where a side yard is less than 6 feet in width, the features shall not encroach closer than 3 feet from the adjacent side property line;
(E) the cumulative length of any features or portions of features that extend into a required side or rear yard does not exceed 15 feet in length;
(F) the owner provides satisfactory evidence to the planning division prior to issuance of a building permit that any features or portions of features that extend into a required side or rear yard will not be harmful to any mature trees on the subject property or on abutting properties; and
(G) such features have either a drainage system that meets the requirements of the public works department or are substantially sheltered from the rain by a roof overhang or canopy of a permanent nature.
(2) Below-grade patios, sunken gardens or similar excavated areas along the perimeter of the basement that exceed the dimensions set forth in subsection (1), are permitted and shall not affect the measurement of grade, provided that:
(A) such areas are not located in the front of the building;
(B) All such areas combined do not exceed 2% of the area of the lot or 200 square feet, whichever is greater; that each such area does not exceed 200 square feet, and that each such area is separated from another by a distance of at least 10 feet. Area devoted to required stairway access shall not be included in the 200 square foot limitation.
(C) the cumulative length of any excavated area or portion thereof that extends into a required side or rear yard does not exceed 15 feet;
(D) such features do not extend more than 2 feet into a required side yard nor more than 4 feet into a required rear yard;
(E) the owner provides satisfactory evidence to the planning director prior to issuance of a building permit that any features or portions of features that extend into a required side or rear yard will not be harmful to any mature trees on the subject property or on abutting properties;
(F) such features have either a drainage system that meets the requirements of the public works department or are substantially sheltered from the rain by a roof overhang or canopy of a permanent nature;
(G) any roof overhang or canopy installed pursuant to subsection (F) is within and is counted toward the site coverage requirements established in Section 18.10.040;
(H) such areas are architecturally compatible with the residence; and
(I) such areas are screened to off site views by means of landscaping and/or fencing as determined appropriate by the planning director.
(Ord. 5585 § 7, 2023: Ord. 5432 § 5, 2018: Ord. 4964 § 10, 2007: Ord. 4875 § 2 (part), 2005)
In the RE district, agricultural use shall be allowed subject to the following regulations:
(a) Keeping and Raising of Livestock
Keeping and raising of livestock, poultry, or other animals may be conducted accessory to a residential use, and raising of animals for commercial purposes is prohibited.
(b) Required Site Area for Keeping of Livestock
(1) At least 21,528 square feet (0.5 acre) of site area shall be required for each horse, mule, donkey, cow, steer or similar livestock.
(2) At least 21,528 square feet (0.5 acre) of site area shall be required for each three goats, hogs, sheep, or similar livestock.
(c) Location of Livestock Facilities
Barns, stables, sheds, chicken houses, and other similar facilities for the shelter and feeding of animals, exclusive of domestic household pets, shall be located a minimum of 40 feet from any lot line (property line).
(Ord. 4875 § 2 (part), 2005)
Home improvement exceptions may be granted for existing single-family residences in the R-E, R-2, and RMD districts, pursuant to the provisions of Section 18.12.120 (R-1 Residential District, Home Improvement Exceptions).
(Ord. 4875 § 2 (part), 2005)
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