A. Purpose And Intent: The city recognizes the benefits of permitting accessory structures on residential properties within the city. Accessory structures can improve property values, enhance living conditions, and make properties more useful. In its desire to protect the health, safety and welfare of its residents, the city deems it necessary to regulate the location, height, design and size of accessory structures within all residential zoning districts to assure, among other considerations, that a proposed accessory structure is properly sized for the lot and surrounding neighborhood, that its setbacks from lot lines are appropriate, and that it does not adversely affect neighboring properties.
B. Building Permit Required: Any resident or property owner that desires to construct a residential or agricultural accessory structure that contains more than two hundred (200) square feet of floor area, or more than one story, shall submit a building permit application to the Taylorsville building department for consideration. All accessory buildings must meet all construction standards and fire rating requirements of applicable codes.
C. Applicability: This chapter shall be applicable to all R-1 (single-family), R-2 (two-family), RM (residential multi-family) zones, and other properties containing residential uses in all other zones with the exception of dwellings located in MU (mixed use) and TND (traditional neighborhood development) zones. Standards for accessory structures in mixed use, traditional neighborhood development, and all other nonresidential uses in nonresidential zones shall be determined by the provisions of the applicable development standards. Existing accessory structures legally constructed that are made noncompliant with the adoption of this chapter shall be considered legal nonconforming structures and subject to all applicable codes for nonconforming uses and structures in chapter 13.02 of this title.
D. General Requirements:
1. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
2. No accessory structure or group of accessory structures shall cover more than twenty five percent (25%) of the yard area (rear yard, side yard, etc.) in which they are located, unless specifically allowed by the provisions of this chapter.
3. Accessory structures may not be located closer than six feet (6') to any other building, including the main building or other accessory structures on the same or adjacent properties. Eave projections shall not encroach more than four inches (4") into the setback area. Setback areas shall be kept free of weeds, trash and debris.
4. If an accessory structure is partially located in both a rear and side yard, the entire structure is deemed to be within the side yard and must comply with all applicable regulations for construction of an accessory structure located within a side yard.
5. Any accessory structure that may be used for habitable space shall conform to the provisions of section 13.11.010, "Accessory Apartments, Extended Living Areas, And Guesthouses", of this chapter.
6. All storm drainage from an accessory structure shall be contained on the same lot where it is located.
7. Exterior building materials for accessory buildings should use as a minimum standard aluminum or vinyl siding, facia, and soffit. Other acceptable materials include: brick, stone, stucco, cement fibrous board, exterior grade wood siding, wood trim, and other similar products. Generally, colors and materials of an accessory building should be compatible with the colors and materials of the main building. Some accessory structures based on their height or size are deemed conditional uses and subject to architectural design standards.
8. Accessory structures used for the keeping of livestock shall not be constructed closer than fifty feet (50') to any street, dwelling unit, or to any property line and one hundred feet (100') to any neighboring dwelling unit.
9. No accessory structure shall be constructed or established on a parcel unless there is a principal dwelling or building previously constructed, or being constructed, on the same parcel of land.
10. Separate meter connections for electricity, water, sewer, or gas utilities are not permitted for accessory structures.
11. Accessory buildings shall not encroach upon any easement or right of way without proper written release or acknowledgment from all utility and drainage easement holders. Copy of such release/acknowledgment shall be presented at time of building permit application. Release of use of the easement does not remove any other requirements as stated in this code.
FIGURE 1
FRONT, SIDE, AND REAR YARD ILLUSTRATION
FIGURE 2
INTERIOR LOT SETBACKS
FIGURE 3
CORNER LOT SETBACKS
E. Standards For Parcels Measuring Less Than Fifteen Thousand Square Feet: Accessory structures for single-family and two- family residential properties on lots measuring less than fifteen thousand (15,000) square feet shall meet the following requirements:
1. Structures located in a rear yard of an interior lot (see figure 1 of this section):
a. Allowed as a permitted use:
(1) Maximum Height: Sixteen feet (16').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be five hundred seventy six (576) square feet.
(3) Setbacks (See Figure 2 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Rear and side setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
b. Allowed as an administrative conditional use:
(1) Maximum Height: Twenty feet (20').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.
(3) Setbacks (See Figure 2 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Rear and side setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(4) Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.
2. Structures located in a side yard of an interior lot, or within the interior side yard of a corner lot (see figure 1 of this section):
a. Allowed as a permitted use:
(1) Maximum Height: Twelve feet (12').
(2) Maximum Area: The maximum area for all accessory structures located in the side yard combined shall be twenty five percent (25%) of the side yard area. The maximum area for any one accessory structure shall be two hundred (200) square feet.
(3) Setbacks (See Figures 2 And 3 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(C) Front setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of the main building/dwelling.
b. Allowed as an administrative conditional use:
(1) Maximum Height: Sixteen feet (16').
(2) Maximum Area: The maximum area for all accessory structures located in the side yard combined shall be twenty five percent (25%) of the side yard area.
(3) Setbacks (See Figure 2 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Side and rear setbacks: Three feet (3') minimum from the accessory structure to property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(C) Front setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of the main building/dwelling.
(4) Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.
3. Structures located in a rear yard of a corner lot (see figure 1 of this section):
a. Allowed as a permitted use:
(1) Maximum Height: Sixteen feet (16').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be five hundred seventy six (576) square feet.
(3) Setbacks (See Figure 3 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(C) Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
b. Allowed as an administrative conditional use:
(1) Maximum Height: Twenty feet (20').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.
(3) Setbacks (See Figure 3 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(C) Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(4) Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.
F. Standards For Parcels Measuring Fifteen Thousand Square Feet Or More: Accessory buildings for single-family and two-family residential properties on lots measuring fifteen thousand (15,000) square feet or more shall meet the following requirements:
1. Structures located in a rear yard of an interior lot (see figure 1 of this section):
a. Allowed as a permitted use:
(1) Maximum Height: Twenty feet (20').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be eight hundred sixty four (864) square feet.
(3) Setbacks (See Figure 2 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Rear and side setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
b. Allowed as an administrative conditional use:
(1) Maximum Height: Twenty four feet (24').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.
(3) Setbacks (See Figure 2 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(4) Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.
2. Structures located in a side yard of an interior lot, or within the interior side yard of a corner lot (see figure 1 of this section):
a. Allowed as a permitted use:
(1) Maximum Height: Sixteen feet (16').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be eight hundred sixty four (864) square feet.
(3) Setbacks (See Figures 2 And 3 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(C) Front setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of the main building/dwelling.
b. Allowed as an administrative conditional use:
(1) Maximum Height: Twenty feet (20').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.
(3) Setbacks (See Figures 2 And 3 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Side and rear setbacks: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable building codes for fire rated walls.
(C) Front yard setback: Accessory structures shall be located a minimum of ten feet (10') behind the front of main building/dwelling.
(4) Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials.
3. Structures located in a rear yard of a corner lot (see subsection D, figure 1 of this section):
a. Allowed as a permitted use:
(1) Maximum Height: Twenty feet (20').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area. The maximum area for any one accessory structure shall be eight hundred sixty four (864) square feet.
(3) Setbacks (See Subsection D, Figure 3 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.
(C) Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.
b. Allowed as an administrative conditional use:
(1) Maximum Height: Twenty four feet (24').
(2) Maximum Area: The maximum area for all accessory structures located in the rear yard combined shall be twenty five percent (25%) of the rear yard area.
(3) Setbacks (See Subsection D, Figure 3 Of This Section):
(A) Accessory structures: Shall be a minimum of six feet (6') from a main building/dwelling.
(B) Rear setback: Three feet (3') minimum from the accessory structure to the property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.
(C) Side setbacks: Three feet (3') minimum from the accessory structure to the interior side property line and ten feet (10') from the street side property line. Any accessory structure located closer than five feet (5') to any property line shall meet all applicable Building Codes for fire rated walls.
(4) Design Standards: As a conditional use, accessory structures are subject to higher design standards. Accessory structures shall be architecturally compatible with the main structure and shall be subject to a design review, which may include, without limitation, review of height, size, roof pitch, location, exterior colors and materials. (Ord. 16-18, 12-14-2016)