Purpose and applicability. To establish standards for accessory buildings. These provisions shall not apply to garden or gateway features, such as trellises, pergolas, arbors, or other features, which are erected for no purpose other than decoration or to make a visual statement and that do so using posts, poles, columns, lattice, fencing, or shade cloth, and do not include a bona fide roof and walls. These provisions shall apply to all accessory buildings, including shipping containers, sea cargo, and dry freight containers used as buildings, unless otherwise specified herein, by the underlying zoning district, or otherwise by a conditional use permit. These provisions shall not apply to buildings accessory to a commercial use or other nonresidential use, unless located in a residential zoning district. These provisions shall not apply to buildings exempt from building permits, such as agricultural buildings, and that are documented as such, except that such buildings shall meet the required minimum front and street side yard setbacks of the applicable zoning district and shall maintain five-foot minimum side and rear yard setbacks.

(1)

Regardless of zone and in accordance with the standards set forth in this section, accessory buildings are permitted on any lot:

a.

With an established permitted use; or

b.

For which a building permit has been issued and such building is under construction.

(2)

An accessory building shall not contain a dwelling unit or business, unless otherwise explicitly permitted by the particular zoning district or as a permitted home occupation. If any portion of an accessory building is converted into a dwelling unit or business, said conversion shall be considered a change of use, subject to the applicable requirements of the zoning, building, fire and other codes administered by the city.

(3)

Accessory buildings that are attached to the primary building or that otherwise do not comply with the definition of detached building, as set forth in section 37-3 of this Code, shall comply with the minimum setbacks and minimum building height required for the primary building according to the applicable zoning district.

(4)

Standards for the placement of buildings detached from and accessory to a single-family or two-family dwelling upon a lot are as follows:

a.

The footprint shall not exceed one hundred twenty (120) percent of the footprint of the dwelling, including any attached garage, carport, and patio cover; or seventy (70) percent of the habitable floor area of the dwelling; or one thousand two hundred (1,200) square feet, whichever is greater, but in no case shall exceed two thousand four hundred (2,400) square feet.

b.

Such buildings shall comply, in combination with all the buildings on the lot, with the maximum allowable lot coverage of the applicable zoning district.

c.

Those that do not exceed one hundred twenty (120) square feet may be located in the front, side, or rear yard with a minimum setback of three (3) feet from any side or rear lot line. The front yard and street side yard setbacks shall be required by the zoning district.

d.

Those that are greater than one hundred twenty (120) square feet and less than one thousand one (1,001) square feet may be located in the front, side, or rear yard. The front yard and street side yard setbacks shall be those required by the applicable zoning district. The minimum side and rear yard setbacks shall be five (5) feet. However, the required five-foot minimum side and rear yard setbacks shall increase by a ratio of one (1) foot to one (1) foot, or fraction thereof, when the building height exceeds sixteen (16) feet.

e.

Those that are greater than one thousand (1,000) square feet and less than two thousand one (2,001) square feet shall be located only in the side or rear yards. No such building shall be located closer to the street than the street-facing wall of the dwelling, unless it is on a flag lot or on the street side of a corner lot and complies with the minimum street side yard setback of the applicable zoning district. The minimum side and rear yard setbacks shall be five (5) feet or five (5) feet increased by a ratio of one (1) foot to one (1) foot, or fraction thereof, for any building height in excess of sixteen (16) feet; however, if the roof line of the building facing the property line exceeds thirty-two (32) feet in length, then the minimum setback from that property line shall be ten (10) feet, regardless of the building height.

f.

Those that are greater than two thousand (2,000) square feet shall be located in the rear yard only. No such building shall be located closer to a street than the rear wall of the dwelling, unless it is on a flag lot or the street side of a corner lot and complies with the minimum street side yard setback of the applicable zoning district. The minimum side and rear yard setbacks shall be twenty (20) feet.

g.

An accessory building shall not contain a second story floor level, unless constructed to comply with main building setbacks and except for an accessory apartment above a garage in the Normal Hill North or Normal Hill South zoning district and subject to the standards thereof. Mezzanines open to the floor below and not exceeding thirty-three (33) percent of the floor area below shall not count as a second story floor level.

h.

If on a through lot, an accessory building shall conform to the front yard setback required for the dwelling on both street rights-of-way.

(5)

Standards for the placement of buildings detached from and accessory to a use other than a single-family or two-family dwelling shall be the same as required for the primary use building, according to the underlying zoning district.

(Ord. No. 4197, § 2, 4-21-97; Ord. No. 4321, § 1, 12-9-02; Ord. No. 4525, § 3, 1-26-09; Ord. No. 4531, § 13, 7-13-09; Ord. No. 4672, § 2, 12-13-16; Ord. No. 4921, § 2, 3-24-25)

Editor's note— Ord. No. 4197, § 1, adopted April 21, 1997, repealed § 37-131, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.