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Cedar Park City Zoning Code

ARTICLE

11.04 ACCESSORY USE, BUILDING, AND STRUCTURE STANDARDS

§ 11.04.001 Purpose.

The purpose of this Article is to establish standards for accessory buildings, structures, dwelling units, and uses.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.01, adopted 11/9/17)

§ 11.04.002 General provisions.

The following provisions apply to both Article 11.04, division 2, Residential Uses, and Article 11.04, division 3, Nonresidential and Mixed Uses.
A. 
General regulations.
1. 
A manufactured or mobile home is not permitted as an accessory building or structure.
2. 
An accessory building or structure may not be rented, sublet, or sold separately from the sale of the entire property.
3. 
An accessory building or structure is not allowed without the presence of a principal building or principal use.
4. 
Accessory buildings or structures shall not be located in front of the principal building or use.
5. 
A use that is prohibited in a zoning district shall not be permitted as an accessory use in the district, with the exception of outdoor storage.
B. 
Residential accessory building coverage.
1. 
The sum of all accessory uses (including home occupations) in a principal building shall not exceed 25 percent of the total gross floor area of the principal building.
2. 
The total of all accessory buildings cannot exceed 20 percent coverage of the back yard of a single- family residence, and each accessory building shall not to exceed the size of the principal building.
3. 
For any lot of five (5) acres or greater, the total square footage of accessory buildings shall not exceed 4,000 square feet, with the exception of a private airplane hangar as provided in this Article.
4. 
For property of any size located within 1,000 feet of an airport landing strip, a private airplane hangar for the sole purpose of airplane storage is permitted; however, the airplane hangar shall only for the owner or lessee of the principal building.
C. 
Attached accessory buildings or structures.
Accessory buildings or structures that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building; however, the attached accessory structure may encroach into the rear setback as long as a minimum rear setback of 10 feet is maintained.
D. 
Residential occupancy.
No accessory building shall be used as a dwelling unit unless it is specifically permitted for such purpose.
E. 
Location, height and setbacks.
Square footage, setback and height requirements for accessory structures and buildings are noted in table 11.04.002, Accessory Building and Structure Standards.
Table 11.04.002. Accessory Building and Structure Standards
Standard
Accessory Building
Accessory Structure
Size
< 80 sf1
81-180 sf2
> 180 sf2
< 80 sf1
81-180 sf2
> 180 sf2
Height (ft)
12'
15'
Equal to principal building
12'
15'
Equal to principal building
Setback from principal building (ft)
IBC or IRC
IBC or IRC
IBC or IRC
IBC or IRC
IBC or IRC
IBC or IRC
Interior side setback (ft)
5'
5'
Equal to principal building
5'
5'
5'
Street side setback (ft)
5'
10'
Equal to principal building
5'
5'
5'
Rear setback (ft)
5'
5'
Equal to principal building
5'
5'
5'
Street side rear setback (ft)
10'
10'
Equal to principal building
5'
5'
5'
Abbreviations:
IBC = International Building Code
IRC = International Residential Code separate table
Table Notes:
1.
Allowed in a public utility easement at the sole risk of the owner, which may be required at any time to be moved or removed by the owner to provide full, uninhibited access to the utility easement.
2.
Shall not be located in a public utility easement
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.01.02, adopted 11/9/17; Ordinance CO06-21-01-14-E1 adopted 1/14/21)

§ 11.04.003 through § 11.04.030. (Reserved)

§ 11.04.031 Residential accessory buildings and structures.

A. 
No building permit required.
The following accessory structures do not require a building permit:
1. 
One-story detached accessory buildings used as tool and storage sheds, playhouses, and/or similar uses, provided the gross floor area is equal to or less than 80 square feet;
2. 
Ponds, fountains, and landscape features;
3. 
Prefabricated swimming pools that are less than 24 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground; and
4. 
Swings and other playground equipment accessory to single-family dwellings.
B. 
Building permit required.
The following accessory buildings and structures require a building permit:
1. 
Swimming pools, decks (except those decks exempt from a permit per section R105 of the latest version of the International Residential Code as adopted by the City), and other similar structures as determined by the Administrator.
2. 
Accessory buildings or structures that are accessory to single-family residential uses and that exceed 80 square feet.
C. 
Multifamily (MF), Urban Residential (UR), and Mixed Use (MU) districts.
Accessory buildings located in the Multifamily (MF), Urban Residential (UR) and Mixed Use (MU) districts shall be a maximum of one (1) story, not to exceed 16 feet in height. The building height of accessory buildings in these districts shall be measured from finished grade if the building is located more than 100 feet from a single-family residential use or district. The building height of accessory buildings in these districts shall be measured from natural grade if the building is located 100 feet or less from a single-family residential use or district.
D. 
Facade requirements.
The facade of any accessory building greater than 180 square feet that is not located behind a privacy fence or is visible from the public street shall contain a minimum of 50 percent primary materials as defined in Article 11.03, Development and Design Standards.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.02.01, adopted 11/9/17)

§ 11.04.032 Accessory dwelling units.

Accessory dwelling units may be allowed as an incidental residential use of a structure on the same lot as the principal dwelling unit and used by the same person or persons of the immediate family, or any authorized employees on the premises, on the condition that the following standards are met:
A. 
Ownership, leasing, and addressing.
An accessory dwelling unit:
1. 
Shall be owned by the same person(s) who own(s) the principal dwelling unit.
2. 
May not be rented, sublet, or sold separately from sale of the entire property, including the principal dwelling unit.
3. 
Shall have the same address and share the mailbox with the principal dwelling. Multiple mailboxes are prohibited.
4. 
Shall be specifically permitted for such purpose.
B. 
Design.
1. 
An accessory dwelling unit shall be designed and constructed so that it is in keeping with the general architecture and building material of the principal structure.
2. 
No more than one (1) accessory dwelling unit (attached or detached) is permitted on the same lot with a principal dwelling unit.
3. 
No accessory dwelling unit shall be permitted on the same lot with an attached single-family or multifamily dwelling or family care home.
4. 
Neither water nor wastewater services or electrical utilities shall be separately provided to the accessory dwelling unit.
5. 
A minimum of one (1) additional parking space shall be provided for an accessory dwelling unit located on the premises. This addition of parking shall be located in only the side or rear yard.
C. 
Integrated or attached accessory dwelling units.
1. 
The addition of an accessory dwelling unit shall not result in the principal building being altered in any way so as to appear from a public or private street to be a single-family attached or multifamily dwelling.
a. 
Prohibited alterations include, but are not limited to, multiple entranceways or mailboxes on the front or side facades.
b. 
Access to the accessory dwelling unit shall be by means of an existing front, side, or rear door, except where a new entrance is required by building code.
c. 
No new doorways or stairways to upper floors are permitted if they are attached to the side of a building facing a public or private street, excluding alleys.
2. 
An accessory dwelling unit shall occupy no less than 200 square feet and no more than 25 percent of the cooled floor area, or 400 square feet, of the principal dwelling, whichever is less.
D. 
Detached accessory dwelling units.
1. 
An accessory dwelling unit shall not be located in a detached garage conversion.
2. 
The accessory dwelling unit shall only be located in the rear yard of the principal dwelling, provided:
a. 
The lot is not altered in any way so as to appear from a public or private street to be a single-family attached or multifamily dwelling.
b. 
No access to the detached accessory dwelling unit is directly visible at any street.
3. 
Metal, prefabricated, or manufactured buildings are not permitted as accessory dwellings.
4. 
The accessory dwelling unit shall be housed in a building with a livable floor area of not less than 400 square feet and not more than 600 square feet of first-floor area, not to exceed 650 gross square feet.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.02.02, adopted 11/9/17)

§ 11.04.033 Carports and porte-cocheres.

A. 
Generally.
Carports and porte-cocheres are allowed:
1. 
Within the areas available for construction of principal and accessory buildings on all properties that are developed with detached or attached dwelling units, except multifamily dwelling units.
2. 
Within parking areas (and in the case of porte-cocheres, passenger loading areas) of multifamily, nonresidential, and mixed use development.
3. 
Provided they are accessible from a public or private street, alley, or private interior drive.
4. 
Provided they are in addition to and not in lieu of an enclosed two (2) car garage constructed outside of the front or street side setback for all single-family detached units constructed on lots greater than 35 feet in width.
5. 
If the entry of the carport or porte-cochere is at least 20 feet from the property line parallel to the street from which they take access.
B. 
Prohibited.
Temporary, pre-assembled, or assembled on-site carports are prohibited in all districts.
C. 
Survey required.
A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the carport, car cover, or porte-cochere is proposed to be located shall be submitted with the required building permit application.
D. 
Height.
Carports and porte-cocheres shall not exceed one (1) story or 20 feet in height, whichever is less.
E. 
Design and appearance.
All carports and porte-cocheres shall be permanent structures that are built on-site. Except for approved trellises, arbors, or similar open-roofed structures, carports and porte-cocheres that can be viewed from a public street shall be constructed so that supporting posts, fascia, soffits, and roof and roof slope are of the same materials and color and resemble the principal structure.
F. 
Applicable building standards.
Carports and porte-cocheres are subject to all applicable building codes of the City.
G. 
Building permit required.
As permanent structures, no carports or porte-cocheres shall be constructed without first receiving a building permit.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.02.03, adopted 11/9/17)

§ 11.04.034 through § 11.04.060. (Reserved)

§ 11.04.061 Nonresidential accessory buildings and structures.

A. 
Building permit required.
All accessory buildings within a nonresidential district shall not be constructed without first receiving a building permit.
B. 
Permitted exterior building materials.
1. 
25 percent or greater primary materials.
For nonresidential accessory buildings when the principal building(s) contain at least 25 percent primary materials, exclusive of doors and windows, 50 percent of the accessory structure facade shall include primary materials.
2. 
Less than 25 percent primary materials.
For existing principal buildings constructed of cementitious fiberboard (e.g. Hardiplank or similar), wood, vinyl siding, or other non-masonry material and having less than 25 percent primary materials, accessory buildings may be constructed of the same material.
3. 
Open Space Recreation (OSR) district.
For accessory buildings located in the Open Space Recreation (OSR) district, when the principal structure(s) contains at least 25 percent primary materials, exclusive of doors and windows, 25 percent of the accessory structure facade must be constructed of primary materials.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.03.01, adopted 11/9/17)

§ 11.04.062 Donation bins.

A. 
Generally.
Donation bins and similar temporary storage containers are permitted by registered nonprofit, charitable organizations for placing materials including, but not limited to, used clothing, toys, leather goods, and small electronics, and similar items or materials.
B. 
Permit required.
Donation bins are considered an accessory structure and shall first receive a permit prior to installation. Donation bins may be placed only on developed nonresidential properties, subject to the requirements of this section.
C. 
Number, location, and requirements.
Registered nonprofit, charitable organizations are permitted to place donation bins in accordance with the following standards:
1. 
There shall be no more than one (1) donation bin on any property or portion of a property, or within 800 feet or another donation bin.
2. 
The bin shall not exceed a capacity of 512 cubic feet (8' x 8' x 8' maximum dimensions).
3. 
The bin shall be designed and installed in a manner that prevents the bin from tipping over.
4. 
The organization placing the bin shall:
a. 
Disclose to the City by way of a written letter the intended recipient(s) of collected items and the percentage of funds or goods collected that will be paid or given to the nonprofit, charitable organization;
b. 
Submit to the City a written letter from the property owner consenting to the placement and maintenance of the donation bin;
c. 
Keep the bin in good repair, maintain the area around the bin free of litter, and remove any graffiti from the bin within 48 hours of discovery or notice;
d. 
Clear the bin of its contents no less than every two (2) weeks, or as needed, more often to prevent the placement of items outside of or around the bin; and
e. 
Clearly mark in an area no greater than one (1) square foot in size the name and telephone number of the registered nonprofit, charitable organization on the bin.
5. 
Bins shall be located:
a. 
Only in an interior side or rear yard and shall be screened from public view; and
b. 
On a concrete surface that is not also a parking space and that does not, in any way, reduce the minimum required parking for the site on which it is located.
c. 
The location of bins shall not interfere with any of the requirements found in Cedar Park Code of Ordinances, Chapter 14, Site Development.
6. 
The bins(s) shall be enclosed by use of a receiving door and locked so that the contents of the bin may not be accessed by anyone other than those responsible for retrieval of the contents.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.03.02, adopted 11/9/17)

§ 11.04.063 Vending kiosks.

Vending kiosks, are permitted only as an accessory use and shall comply with the following requirements.
A. 
Drive-through vending kiosks and automated teller machines (ATM) shall circulate independently from parking areas and provide at least three (3) stacking spaces, including the position at the kiosk or ATM;
B. 
Walk-up vending kiosks and ATMs shall be connected to the internal and external pedestrian circulation systems, and shall not interfere with vehicular circulation;
C. 
All mechanical equipment associated with the kiosk facility shall be completely contained within a building;
D. 
The kiosk shall:
1. 
Be elevated above the parking lot and drive aisle surfaces and protected by a six (6) inch curb, with a minimum radius around the base of the kiosk of five (5) feet;
2. 
Be set back from property lines one (1) foot for each foot in height of the kiosk or ATM;
3. 
Not exceed a maximum height of 10 feet; and
4. 
Be incidental to and customarily associated with a permitted principal use that is located on the same lot or parcel.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.04.03.03, adopted 11/9/17)