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Berkeley City Zoning Code

CHAPTER 9

ACCESSORY STRUCTURES AND USES

12-9-1: AUTHORIZATION:

Subject to the limitations of this chapter, accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district. (2005 Zoning Code)

12-9-2: DEFINITION:

An "accessory structure or use" is a structure or use that:
   A.   Is subordinate in extent and purpose to, and serves, a principal structure or use; and
   B.   Is customarily found as an incident to such principal structure or use; and
   C.   Contributes to the comfort, convenience, or necessity of those occupying, working at, or being served by, such principal structure or use; and
   D.   Except as otherwise expressly authorized by the provisions of this title, is located on the same lot as such principal structure or use; and
   E.   Is under the same ownership and control as such principal structure or use. (2005 Zoning Code)

12-9-3: REQUIREMENTS AND RESTRICTIONS:

   A.   Size, Height And Location:
      1.   No detached accessory building(s) or structure(s) shall occupy more than fifty percent (50%) of the area of the required rear yard, be constructed closer than ten feet (10') from the nearest point of the primary structure or be in excess of seven hundred (700) square feet in area. In residential districts, a second detached accessory building or structure may be built, provided that the area occupied by such accessory building or structure does not exceed two hundred (200) square feet in the area; and no more than two (2) accessory buildings or structures are permitted on any residential lot.
      2.   A detached accessory building or structure shall not exceed fifteen feet (15') in maximum height measured from the top of the surface slab to the peak of the roof, if applicable, nor have side walls in excess of nine feet (9') measured from the top of the surface slab to the top of the side wall. In the M-1 manufacturing district, an accessory building or structure shall not exceed thirty five feet (35') or the height of the primary structure at its lowest point, whichever is less. (Ord. 11-23, 7-19-2011)
      3.   Location requirements for accessory buildings and structures are as established within the applicable zoning district. (Ord. 11-35, 11-15-2011)
   B.   Use Limited: Any accessory building, buildings or structures shall be limited in use to storage and shall specifically prohibit the use thereof for living space, affiliated residential purposes or commercial purposes.
   C.   Compliance With Applicable District Regulations:
      1.   Except as expressly provided otherwise in this title, every accessory structure and use shall comply with the use, bulk, space, and yard regulations made applicable to them by the regulations of the district in which they are located.
      2.   When the district regulations of this title require compliance with any procedures or standards with respect to a specific use, such use shall not be established as an accessory use, except in compliance with those procedures and standards.
   D.   Construction Of Principal Structure: No accessory structure or use shall be constructed, established, or maintained on any lot prior to the substantial completion of construction of the principal structure to which it is accessory.
   E.   Residential Recreational Facilities; Lighting Limitation: Residential recreational facilities shall be limited to use by the occupants of the principal residential use and their guests and shall not be illuminated by lighting fixtures exceeding fifteen feet (15') in height.
   F.   Lighting Fixtures; Glare Restricted: Any permitted accessory lighting fixtures shall be so designed, arranged, and operated as to prevent glare and direct rays of light from being cast onto any adjacent public or private property or street and so as not to produce excessive sky reflected glare. Except for streetlights, no exterior light in or adjacent to any residential district shall be so designed, arranged, or operated to produce an intensity of light exceeding one-half (1/2) foot-candle at any residential lot line.
   G.   View Obstruction At Intersections: On corner lots within that part of a yard, court, or other open area located within a radius of twenty five feet (25') from the point of intersection of the two (2) street right of way lines forming the lot corner, no building, structures, or shrubs as herein permitted as obstructions in front yards or side yards adjoining a street shall be erected, altered, or planted which have a height more than twenty four inches (24") above the ground grade in this area; and trees planted in such areas shall not have branches lower than eight feet (8') above the ground grade elevation in this area.
   H.   Other Similar Accessory Structures And Uses: Other similar accessory buildings, structures, and uses as herein permitted in district regulations as accessory to a specific permitted use. (2005 Zoning Code)

12-9-4: PERMIT REQUIRED; FEE; APPLICATION:

   A.   Permit; Fee: No person shall build, install, erect, or enlarge an accessory building or structure, or part thereof, without obtaining, in advance, a permit therefor and paying the fee provided in the village fee schedule.
   B.   Application: An application under this chapter shall be made to the building commissioner and shall include a sketch plan describing the proposed accessory building or structure and showing, to the extent necessary to establish compliance with the requirements of this chapter, its location in relation to:
      1.   The lot lines of the lot on which the accessory buildings or structures are located.
      2.   Any other buildings or structures on said lot. (Ord. 11-23, 7-19-2011)