Chapter 17.40 — ACCESSORY STRUCTURES

The purpose of this Chapter is to identify and regulate detached accessory structures to ensure that such structures do not create a public safety issue or public nuisance, create an adverse aesthetic from street rights-of-way, or create a negative impact (light, air, drainage, or aesthetic) on surrounding properties. (Ord. 1501 § 1, 2011)

Terms unique to this Chapter are listed in Section 17.100.060 (Universal Definitions). (Ord. 1501 § 1, 2011)

Generally, no special planning permit or entitlement shall be required for accessory structures that are consistent with the standards herein, except that Zoning Conformance Approval shall be conducted in the event that a building permit is required. Even if a building permit is not required, a planning permit or entitlement may be. Certain structures may require Site Plan and Design Review, Variance, or other permits or entitlements as specified in Chapter 17.10 (Entitlements).

(Ord. 1501 § 1, 2011)

• A. Development Standards for All Accessory Structures. The development standards in this Section shall apply to accessory structures. Primary structures, and any other feature attached to the primary structure (e.g., patio cover) are subject to the setback, height, and other requirements for the Zoning District in which they are located.

  1. Setback Measurement. Minimum setback distances for accessory structures from property lines and between all structures shall be measured to any portion of the structure(s) (overhangs, projections, and railings).

  2. Construction Phasing. Accessory structures may be constructed only in conjunction with or after construction of the primary building(s) on the site. However, in agricultural Zoning Districts, accessory structures may be constructed prior to the primary residential dwelling.

  3. Maximum Rear Yard Coverage. The total size of accessory structure(s) on any lot may not exceed 30 percent of the actual rear yard area.

  4. Separation Between Structures. All accessory structures shall maintain the minimum separation between other buildings as required under the City-adopted Building Code.

• B. Development Standards by Type of Accessory Structure. Table 17.40.040-1 (Development Standards for Accessory Structures) establishes development standards based on the type of accessory structure as defined in Section 17.100.060 (Universal Definitions).

Note:

• Measurement from water's edge.

• C. Special Development Standards for Accessory Structures in the R-3 and R-4 Zones. Accessory structures in multi-family dwelling complexes (e.g., garages, bicycle storage, laundry rooms, car washing areas, recreation facilities) shall incorporate a design similar to the project's dwelling units, in terms of materials and colors.

• D. Development Standards for Storage, Cargo, or Shipping Containers. Storage, cargo, or shipping containers are prohibited in all zoning districts unless they conform to the following requirements:

  1. In all zoning districts:

     • a. Any storage, cargo, or shipping container, regardless of size, shall conform to Chapter 17.26 (Development Standards By Zoning District), unless specified elsewhere in this Section.

     • b. Storage, cargo, or shipping containers may not occupy any required landscaping, open space, parking spaces, loading/unloading areas, circulation aisle/lane, fire access lane, public utility easement or public right-of-way, including streets and sidewalks and parkstrips or impact access to the site or an adjacent site or otherwise create a nuisance or interfere with the peaceful use of neighboring properties.

     • c. No storage, cargo, or shipping container may be placed on the public right-of-way at any time unless the required encroachment permit has been previously obtained and a copy of the permit attached to the unit. Any such container found on the public right-of-way without having the required encroachment permit may be subject to immediate removal at the owner's expense.

     • d. All storage, cargo, and shipping containers shall be operated in a safe manner, and be structurally sound, stable and in good repair. The container shall not contain any holes, peeling paint, rust, damage or structural modifications.

     • e. Those containers placed under a Permanent Storage Container Permit or Temporary Storage Container Permit must remain in compliance with all conditions of approval at all times.

  2. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property the exterior storage or maintenance in a residential zone of a storage, cargo, or shipping container, including moving container (i.e., PODS, etc.), not in compliance with the following:

     • a. Storage, cargo, or shipping containers shall be permitted in all residential zoning districts within an opaque fenced side or rear yard where a residential unit is located.

     • b. One storage, cargo, or shipping container may be allowed on an approved driveway or in a side or rear yard on a temporary basis for a period not to exceed ninety days in any twelve-month period subject to the issuance of a Temporary Storage Container Permit or up to one hundred eighty days in conjunction with work being done under a valid building permit and after obtaining a Temporary Storage Container Permit.

rgo, or shipping container may be allowed on an approved driveway or in a side or rear yard on a temporary basis for a period not to exceed ninety days in any twelve-month period subject to the issuance of a Temporary Storage Container Permit or up to one hundred eighty days in conjunction with work being done under a valid building permit and after obtaining a Temporary Storage Container Permit.

  - c. For recorded subdivisions, storage, cargo, or shipping containers may be included with a Temporary Sales Office subject to the provisions set forth in Chapter **17.84** (Temporary Uses). Said containers are not required to be located on the same parcel as the Temporary Sales Office and may be located throughout multiple subdivisions. Containers shall be removed within ten days of final building inspection of the final unit. 

3. It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property the

exterior storage or maintenance in an agricultural, commercial, industrial, park or public/quasi-public zone of a storage, cargo, or shipping container, including moving container (i.e., PODS, etc.), not in compliance with the following:

  - a. Where there is a legally established primary use on-site, storage, cargo, or shipping containers, including moving containers (i.e., PODS, etc.), may be utilized on a permanent basis subject to the issuance of a Permanent Storage Container Permit and shall be completely screened with fencing and/or landscaping so as not to be visible from any roadway or neighboring property or said container façade shall be designed to be compatible in materials and colors as the primary building. 

  - b. Where there is a legally established primary use on-site, storage, cargo, or shipping containers, including moving containers (i.e., PODS, etc.), may be utilized on a temporary basis for a period not to exceed ninety days in any twelve-month period subject to the issuance of a Temporary Storage Container Permit or up to one hundred eighty days in conjunction with work being done under a valid building permit and after obtaining a Temporary Storage Container Permit. 

4. Notwithstanding Chapter 17.12 (Nonconforming Uses and Structures), within a residential zone, existing uses of any container not conforming to the provisions of this Section shall be removed or brought into conformance with this Section within ninety days after the effective date of this Section. Within all other zoning districts, existing uses of any container not conforming to the provisions of this Section shall be removed or brought into conformance with this Section upon change of ownership of the parcel or within two years after the effective date of this Section, whichever comes first.

• (Ord. 1501 § 1, 2011; Ord. O2018-11 § 1)