Chapter 18.153 — ACCESSORY STRUCTURES

Sections:

18.153.010 Purpose.

18.153.020 Standards for accessory structures, generally.

18.153.030 Standards for attached accessory structures.

18.153.040 Standards for detached accessory structures.

18.153.050 Special provisions for patios and decks.

18.153.060 Special provisions for patio structures and lath-covered structures.

18.153.070 Special provisions for other accessory structures.

The purpose of this chapter is to provide standards for the development of accessory structures1 not used for dwelling1 purposes. (Ord. 16-2015 § 38, 6-2-15.)

(a) Accessory structures1 addressed in this chapter shall not be used for dwelling purposes. Requirements for guesthouses1 are found in Section 18.190.205 and requirements for accessory dwelling units1 are found in Section 18.190.005.

(b) All detached accessory structures shall not exceed 12 feet in building height1. (Ord. 16-2015 § 38, 6-2-15; Ord. 01-2017 § 11, 1-3-17.)

An accessory structure1 attached to the main building, made structurally a part of and/or having a common wall with the main building, shall comply in all respects with the requirements of this title applicable to the main building. (Ord. 16-2015 § 38, 6-2-15.)

(a) General Regulations. Detached accessory structures may be allowed when the following standards are met:

(1) Lot coverage shall not exceed 30 percent of the area of the minimum required rear or side yard in which the structure is placed. Swimming pools are exempt from the coverage limitation.

(2) At least six feet of separation shall be provided between the accessory structure and any other structure on the same property. Increased separation requirements may be applicable to habitable structures as provided in the building and fire codes. The separation shall be measured from the exterior surfaces of the walls or support members, with the following exceptions:

(A) A lath-covered structure may be any distance from any other structure; and

(B) A structure not exceeding 120 square feet in foor area, which is not located in a required side yard, may be any distance from any other structure, provided it does not block any required means of egress, light or ventilation; and

(C) Structures may be connected by a breezeway or similar structure.

(3) On reverse corner lots, structures within 25 feet of the common property line shall not be placed any closer to the side street property line than the required front yard of the adjoining lot, and in no case shall any part of such accessory structure be nearer to the side street lot line than the least width of the side yard required for the main building to which it is accessory.

(4) Accessory structures located between the front yard setback and the principal structure shall conform to the minimum side yard setback requirements for the principal structure.

(5) The exterior face of the accessory structure wall shall be set back five feet from any property line. Roof eaves or other similar architectural features may project into required yards, subject to Section 18.170.060 and building and fire code requirements, including fire-resistance rating.

(b) Exceptions. Detached accessory structures that satisfy all of the following criteria shall be exempt from the requirements of subsection (a) of this section:

(1) Does not exceed the maximum lot coverage limitations specified in subsection (a) of this section.

(2) Does not exceed a maximum gross foor area of 120 square feet.

(3) Does not exceed a maximum overall height of six feet, six inches.

(4) Does not include or propose utilities (e.g., electrical, plumbing).

(5) Provides a roof with a gutter or has a roof slope that is designed to shed water onto the earth at least one foot from the property line or into an approved drainage system.

(6) Is not located in the front yard or any street-facing side yard.

(c) Detached Accessory Structures on Nonresidential Projects and Historic Sites. This section does not apply to nonresidential projects and historic sites. Accessory structures on nonresidential sites are subject to applicable building code requirements. Accessory structures on historic sites may be eligible to use historic building codes. (Ord. 07-2023 § 26, 12-5-23.)

The following provisions shall apply to patios and decks:

(a) Patios and decks with finished floors not more than 18 inches above grade as measured at the midpoint of the side having the greatest change in elevation may be located in interior side yards and rear yards1.

(b) Decks with finished floors over 18 inches above grade but not more than 10 feet above grade at any point may encroach into the rear yard to within 10 feet of the rear lot line1, except that no deck finished floor shall exceed a height of five feet in an (H-I) hillside combining district. (Ord. 162015 § 38, 6-2-15.)

The following provisions shall apply to patio structures1 and lath-covered structures1.

(a) Patio structures1 and lath-covered structures may encroach into required rear yards to within 10 feet of the rear lot line; provided, that there remains an open space1 equal to 70 percent of the otherwise required yard area.

(b) Patio structures and lath-covered structures for attached housing1 developments may encroach to within five feet of any side lot line1 (three feet if fire sprinklers are installed); provided, that there remains an open space equal to 70 percent of the otherwise required yard area into which such encroachment is made. (Ord. 16-2015 § 38, 6-2-15.)

For convenience, the following cross-references are provided for specialized accessory structures:

(Ord. 27-2016 § 23, 12-6-16.)

[Notes Applicable to Chapter 18.153]

1 This term is defined in Chapter 18.25.

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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