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(a) Land Use Zoning District Regulations Applicable. Unless otherwise provided, accessory structures and uses shall be subject to the same regulations as the primary structure or use, including projections into setbacks specified in §83.02.080 (Allowed Projections).
(b) Legally Established Primary Use. An accessory structure or use shall always exist in conjunction with, and never without, a legally established primary structure or primary use that has the same common owner. Where the primary use is a residence, it shall not be enclosed within an accessory structure. Where the primary use has not yet been established, an accessory structure may only be built subject to the issuance of a Temporary Use Permit in compliance with Chapter 84.25 (Temporary Structures and Uses).
(c) Use of Accessory Structure. The use of an accessory structure may be for either a primary or an accessory use allowed by the applicable land use zoning district.
(d) Determination of Accessory Uses. In addition to the accessory uses specifically provided for by this Chapter or elsewhere within this Development Code, each land use shall be deemed to include other accessory uses that are necessarily and customarily associated with and are clearly incidental and subordinate to the primary land use. Whenever the accessory uses are questioned, the Director shall be responsible for determining if a proposed accessory use meets the criteria in this Chapter. Before making a determination, the Director shall give notice to contiguous property owners in compliance with §85.02.030 (Staff Review with Notice).
(e) Maximum Site Coverage. Except as otherwise provided in this Chapter, the combination of accessory and primary structures on a parcel shall not exceed the maximum site coverage allowed by the applicable land use zoning district regulations in Division 2 (Land Use Zoning Districts and Allowed Land Uses).
(f) Location on Same or Contiguous Parcel. Accessory structures or uses, which may or may not entail the use of a structure, shall be located on either:
(1) The same parcel as the primary structure or use; or
(2) A contiguous parcel that is owned by the same owner who owns the parcel that has the primary structure or use, with the exception of:
(A) Guest housingand accessory dwelling units in compliance with § 84.01.050(a), below.
(B) Those properties that touch property lines of a subject parcel when the lines are projected across public or private rights of way, easements, roads, streets, or railroad rights of way.
(C) Utilities shall not be constructed across the property line(s) of two or more contiguous parcels. If the placement of proposed utilities would otherwise cross the property line of two or more contiguous parcels held by the same owner, the property owner shall apply for and receive an approved voluntary lot merger before issuance of a building permit.
(Ord. 4383, passed - -2020; Ord. 4393, passed - -2020)