Chapter 8.70 — ACCESSORY STRUCTURES AND BUILDINGS

CHAPTER 8.70 - ACCESSORY STRUCTURES AND BUILDINGS

The provisions of this chapter shall apply to accessory structures and buildings in all residential districts.

(Ord. No. 268, § 7, 5-10-2017)

A.

Applicability. This section shall apply to any accessory building. This section shall not apply to objects and structures allowed pursuant to Section 8.68.060.

B.

Except as provided in subsection C below, accessory buildings shall be subject to the setbacks prescribed for a principal structure within the applicable zoning district.

C.

Notwithstanding the requirements of Section 8.70.020.B., any shed, greenhouse or playhouse not exceeding a total of one hundred twenty (120) square feet in floor area, with a height of no more than eight feet, may be located anywhere within a required side or rear yard, provided that it is reasonably screened from view from the front of the property by a fence, building, or landscaping.

D.

Accessory buildings shall be placed so as to maintain a clear path of access at least five feet wide from the front of the property to the rear yard.

E.

Accessory buildings fifteen (15) feet in height or taller shall be subject to review and approval by the design review board.

(Ord. No. 268, § 7, 5-10-2017)

A.

Applicability. This section shall apply to any accessory structure not otherwise subject to regulation as an accessory building, deck, pool, fence or wall under this chapter, including but not limited to arbors, pergolas, trellises, outdoor kitchens and fireplaces, and similar structures. This section shall not apply to objects and structures allowed pursuant to Section 8.68.060.

B.

The minimum side and rear yard setback for an accessory structure of eight feet or less in height is three feet if the structure is set back at least fifty (50) feet from the front property line. An accessory structure higher than eight feet is permitted to have a similar setback upon approval by the design review board.

C.

A single arbor-style entry element in the front yard setback of a residential property is permitted if it is located over a walkway or pathway and does not exceed nine feet in height, five feet in width, three feet in depth and provided that such entry element does not create sight obstructions as set forth in Section 8.80.010.

D.

For the purposes of this title, a shipping container placed on a lot is considered an accessory structure. Such accessory structures shall not be permitted on any residentially zoned lot. When located on a lot in a non-residential zone for the purpose of storage or any other accessory use a shipping container shall be placed out of view, or screened from view, from public streets. This section does not apply to temporary moving containers/moving pods placed on private property for no more than forty-five (45) days in any twelve-month period, or to containers used for temporary storage for the duration of construction activities associated with an approved building permit.

E.

Accessory structures fifteen (15) feet in height or taller shall be subject to review and approval of the design review board.

(Ord. No. 268, § 7, 5-10-2017; Ord. No. 311, § 13, 12-13-2023)

A.

Any open, uncovered deck twenty-four (24) inches or less above existing grade may extend into the minimum required building setback as follows:

1.

Front setback: ten feet, but not closer than ten feet from a front lot line

2.

Exterior side setback: five feet, but not closer than ten feet from any exterior side lot line

3.

Side setback: ten feet, but not closer than five feet from any side lot line

Rear setback: fifteen (15) feet, but no closer than five feet from any rear lot line

B.

Any deck with a floor higher than twenty-four (24) inches above existing grade shall comply with the setbacks of the primary building, except that a new or expanded deck attached to a residential building, where such building does not conform with current setback requirements, shall be subject to the provisions of Section 8.20.060(C)(3).

(Ord. No. 268, § 7, 5-10-2017)

A.

Setbacks Relating to Pools. The following special setbacks are required for a pool, spa or hot tub in each land use district to serve the purposes of noise mitigation, open space, access, safety and aesthetics.

The requirements for pool fencing and the minimum height of such fences are those set forth in County Code Chapter 718-4. Fences may be subject to design review under Section 8.24.040B.

(Ord. No. 268, § 7, 5-10-2017)