The following standards apply to all single-story detached non-habitable accessory buildings and structures in a residential zone. Two story detached non-habitable accessory buildings must comply with the setback requirements for primary dwellings in the underlying zone.
(A) Non-habitable accessory building in side yard.
(1) An accessory building or structure is allowed along the side property line not abutting a street if:
(a) The accessory building is located 50 feet or more from the front property line of all residential zones.
(b) There is no door, window, or similar opening on the wall of the accessory building to be located along the property line; and
(c) All roof drainage is accommodated on the property on which the building or structure is placed.
Otherwise, the minimum side yard requirements will be the same as required for the main building.
(2) The following minimum side yard setbacks are required for any accessory building or structure located within a side yard abutting a public street:
(a) An accessory building located 50 feet or more from the front property line must have a minimum setback of 10 feet; otherwise, the setback must be the same as required for the main building.
(3) An accessory building with direct alley access must be located a minimum of 26 feet from the opposite side of the alley (see Figure 13-1) or 2 feet from the property line, whichever is greater.
Figure 13-1
Setbacks for Accessory Buildings
(4) A notice of land use restriction must be recorded on the property to: (a) limit the use of the structure to an accessory building, and (b) specify that the structure cannot be used or converted to a dwelling unit at any time in the future unless the accessory building complies with all applicable state and local laws including all provisions in the Municipal Code and Development Code.
(5) Calculations to determine building size and setback requirements for alterations or additions to a nonconforming structure (Chapter 16.114 of this Title 16) may not include detached accessory buildings.
(B) Non-habitable accessory building in rear yard.
(1) An accessory building is permitted along the rear property line if:
(a) There is no opening along the property line;
(b) All roof drainage is accommodated on the property on which the building or structure is placed.
Otherwise, a minimum rear yard setback of three feet is required.
(2) An accessory building with direct vehicle access from the alley must be located a minimum distance of 26 feet from the opposite side of the alley or two feet from the property line, whichever is greater.
(3) On a reverse corner lot, the accessory building must have a minimum setback of five feet from the rear property line, which is also the side property line of an adjoining property.
(4) A notice of land use restriction must be recorded on the property to: (a) limit the use of the structure to an accessory building, and (b) specify that the structure cannot be used or converted to a dwelling unit at any time in the future unless the accessory building complies with all state and local laws including all provisions in the Municipal Code and Development Code.
(5) Calculations to determine building size and setback requirements for alterations or additions to a nonconforming structure (Chapter 16.114 of this Title 16) may not include detached accessory buildings.
(C) Habitable accessory buildings. The following standards apply to all habitable accessory buildings and structures in a residential zone. A habitable building includes a guest house, recreational room, hobby room, home office or workshop used in conjunction with an approved home occupancy permit and other buildings defined by the Building and Safety Code as habitable structures.
(1) Habitable accessory structures must conform to all setback standards of the primary dwelling.
(2) Habitable accessory structures must conform to the maximum height and lot coverage provisions of the zone.
(3) Habitable accessory structures must be designed and constructed with materials that are comparable to and compatible with the primary residence and other residences in the vicinity.
(4) No additional parking will be required for a habitable accessory structure. However, all existing on-site parking must be maintained.
(5) A guest house can only be used by the occupants of the principal dwelling or their nonpaying guests.
(6) A guest house is not allowed if the property contains an existing granny flat or second unit.
(7) Accessory buildings used for home occupations cannot include kitchen facilities.
(8) A notice of land use restriction must be recorded on the property to: prevent structures from being rented; limiting use of structures to an accessory building; specifying that structures cannot be used or converted to a dwelling unit at any time in the future unless the accessory building complies with all state and local laws including all provisions in this Code.
(9) Calculations to determine building size and setback requirements for alterations or additions to a nonconforming structure cannot include habitable accessory buildings.
(10) Guest houses, recreational rooms and similar habitable accessory structures are subject to administrative approval by the Planning Director with Design Review.
(Ord. 1100, passed 7-6-04; Am. Ord. 1159, passed 6-19-06; Am. Ord. 1172, passed 7-2-07; Am. Ord. 1192, passed 6-16-08)