This chapter defines detached accessory structures on private property and establishes development standards for nonexempt structures. The purpose of this chapter is to protect public health, safety and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space. (Ord. 2010-02 § 1 (part), 2010)
The requirements contained in this chapter shall apply to accessory structures on private property and shall be in addition to any other development standards contained elsewhere within the Zoning Code (e.g., lighting). Generally, this chapter regulates detached accessory structures that are larger than one hundred and twenty (120) square feet in size and/or taller than eight (8) feet in height. For the purposes of this title, accessory dwelling units are not considered accessory structures; accessory dwelling units are governed by the requirements of Chapter 17.70 (Accessory Dwelling Units and Junior Accessory Dwelling Units) and are exempt from the requirements of this chapter. Accessory structures shall not contain cooking facilities or bathrooms or be used as a dwelling unit or accessory dwelling unit. Guest houses and pool houses that conform to the requirements of this chapter are considered accessory structures and not accessory dwelling units.
(Ord. 2020-04 § 2, 2020; Ord. 2010- 02 § 1 (part), 2010)
A. Permit Requirements. Except as otherwise exempt in Section 17.70.030B, accessory structures located in single-family and two (2)-family zoning districts require plan check as described in Section 17.12.030 (Plan Check). When located in multi-family, mixed-use, and non-residential zoning districts, non-exempt accessory structures require comprehensive design review as described in Section 17.12.150 (Comprehensive Design Review).
B. Exemptions. The following accessory structures are exempt from planning entitlements provided they comply with listed requirements. Exempt accessory structures may require ministerial building permits in keeping with the uniform building codes adopted by the City of Pinole.
1. Enclosed and/or solid-roofed accessory structures that are less than one hundred and twenty (120) square feet in size with no portion of the structure equal to or greater than eight (8) feet in height and subject to compliance with the following requirements.
a. Accessory structures shall not be located in a required front yard.
b. In order to maintain necessary fire breaks, all combustible accessory structures shall be set back a minimum of three (3) feet from side and rear property lines with a minimum six (6)-foot separation between any structures.
2. Landscape features that are less than one hundred and twenty (120) square feet in size with no portion of the feature equal to or greater than eight (8) feet in height and subject to compliance with the following requirement.
a. In order to maintain necessary fire breaks, combustible landscape features shall be set back a minimum of three (3) feet from all interior property lines with a minimum six (6)-foot separation between any structures.
3. Play equipment. Structures and surfaces used for recreational purposes including play structures, jungle gyms, and non-illuminated sports courts such as tennis and basketball courts.
4. Deck/patio. A detached porch or platform that is generally constructed with wood, concrete or stone that is above the grade or located over a basement or story below.
5. Pool/spa. Any structure intended for swimming or recreational bathing. Swimming pool includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non-portable wading pools.
6. Consistent with Chapter 17.72, solar facilities are exempt from regulations such as setback, size, and location unless the Building Official has determined that the placement therein will have a specific adverse impact upon the public health or safety, as defined in state law. (Ord. 2010-02 § 1 (part), 2010)
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