This section applies to all residential accessory buildings and uses within the Town, other than accessory dwelling units regulated in section 9.08.100 of this article 2. Residential accessory buildings include any of those customarily related to a residence, including garages, greenhouses, storage sheds, studios, barns, workshops, guest houses, and similar buildings.
A. General Development Standards: Any new accessory building shall be subject to the standards in table 2-5, "Accessory Building Development Standards", of this section.
1. Zoning District Regulations Applicable: Unless otherwise provided, accessory buildings and uses shall be subject to the same regulations as the primary building or use on the site. Accessory buildings shall have the same setback requirements as primary buildings, except pursuant to section 9.07.120, "Projections And Encroachments Into Required Setback Areas And Above Height Limits", of this chapter, they may encroach within three feet (3') of rear property line, but not occupy more than twenty five percent (25%) of the required rear yard.
2. Accessory To Legally Established Primary Use: An accessory building or use shall always exist in conjunction with, and never without, a legally established primary building or primary use. Where the primary use has not yet been established, an accessory building or structure may only be built subject to the issuance of a temporary use permit in compliance with chapter 9.72, "Temporary Use Permits", of this title.
a. Exception: An accessory building may be constructed on a vacant parcel that is contiguous to a parcel under common ownership that contains a primary use.
3. 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. The Director shall be responsible for determining if a proposed accessory use meets the criteria in this chapter.
TABLE 2-5
ACCESSORY BUILDING DEVELOPMENT STANDARDS1
Development Feature | Requirement By Zoning District | ||
R-HR | RL | RS | |
Maximum floor area of a single accessory building | 100 percent of primary building | 100 percent of primary building | 50 percent of primary building |
Maximum number of accessory buildings | 4, regardless of any requirement for a building permit2 | 4, regardless of any requirement for a building permit2 | 4, regardless of any requirement for a building permit2 |
Maximum height | 25 feet | 25 feet | 25 feet |
Notes:
1. Cumulative area of all buildings and impervious surfaces (i.e., driveways, patios, pools, etc.) shall not exceed the allowable lot coverage. Properties which are 10 acres or larger in size in the Rural Hillside Reserve (R-HR) Zoning District are exempt from square footage requirements for accessory buildings. If a property has an accessory dwelling unit (ADU) regulated by section 9.08.100 of this article 2, then only 3 accessory structures governed by this section 9.07.060 may be located on the property. A guesthouse regulated by this section 9.07.060 which contains no kitchen (cooking facilities, sinks, refrigerator, or cabinets), is not permitted on a property that contains an ADU.
2. The following structures are not counted towards the maximum number of 4 accessory buildings: a) any structure under 120 square feet; b) pool houses under 200 square feet; c) covered patios or similar structures associated with swimming pools; d) gazebos under 200 square feet.
B. Architecturally Compatible: Any accessory building greater than one hundred twenty (120) square feet in area shall be architecturally compatible with the primary building. To be considered architecturally compatible, accessory buildings shall have roofing materials and/or colors similar to the primary structure. Metal material roofs are allowed provided the roof is painted a similar color to the roof of the primary residence. Siding materials may consist of wood, metal, stucco or similar materials. Proposed accessory buildings which do not conform to these architecturally compatible standards may be reviewed and acted upon by the Planning Commission, based upon consistency and compatibility in the residential neighborhood and surrounding areas.
C. Cargo/Shipping Containers: Other than as a temporary use for construction purposes subject to, or where a building permit has been issued, cargo/shipping containers are not allowed in a Residential Land Use Districts, including containers under one hundred twenty (120) square feet.
Properties that are located in the Single Family Residential (RS), Rural Living (RL), and Hillside Reserve (R-HR) Zoning Districts and are 2.5 acres or larger may contain one cargo/shipping container. Cargo/shipping containers may be located on residential properties containing less than 2.5 acres, but those cargo/shipping containers are subject to Building Division requirements, must be attached to a permanent foundation, and must be architecturally treated so as not to appear as a cargo/shipping container.
As storage for construction clean-up or construction material, a cargo/shipping container used as a temporary storage device may be located anywhere on the property, except in the clear sight triangle, as defined in section 9.31.020,"Clear Sight Triangle", of this title, during the duration of the construction activity associated with an active building permit subject to the approval of a temporary use permit.
When converted to a structure as defined in the adopted Building Codes, attached to a permanent foundation, and architecturally designed and constructed so that the structure is not distinguishable as a cargo/shipping container, these structures are allowed in accordance with the adopted Building Codes and this Development Code. (Ord. 280, 10-2-2018)