164 - ACCESSORY USE REGULATIONS40
Editor's note— Ord. No. 4538, § 41(Exh. A), adopted September 10, 2024, repealed Ch. 20.164 and enacted a new Ch. 20.164 as set out herein and as may later be amended. Former Ch. 20.164 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. No. 3867, adopted 1993; Ord. No. 3991, adopted 1998; Ord. No. 4206, adopted October 28, 2008; and Ord. No. 4417, adopted October 2, 2018.
It is the intent of this Chapter to establish the relation among the principal and accessory uses and the criteria for regulating accessory uses.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)
(A)
In addition to the principal uses expressly included in the zoning districts such use types shall be deemed to include such accessory uses which are specifically identified by these accessory use regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. When provided by these regulations, it shall be the responsibility of the Director of the Department of Planning and Building Services to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Such determinations which are made by the Director shall be subject to the administrative appeal procedure commencing at Section 20.208.005.
(B)
An accessory structure may be constructed prior to construction of the main structure on the premises; provided that the structure shall not be used for temporary or permanent occupancy as a residence, without compliance with Section 20.168.025(B) (Construction Support).
(C)
An accessory use may be allowed on the same parcel as the principal use, or on an adjacent parcel in the same ownership as the parcel which has an established principal use.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)
Subject to the restrictions and limitations specified, the following accessory buildings and uses shall be permitted in zones where residential and agricultural use types are permitted:
(A)
Private garages. See setback exceptions in Section 20.152.015(F).
(B)
Children's playhouses, patios, porches, decks, gazebos, etc. See setback exceptions in Sections 20.152.015(F) and (G).
(C)
Radio and television receiving antennas. See height exceptions in Section 20.152.025.
(D)
Windmills. See height exceptions in Section 20.152.025.
(E)
Silos.
(F)
Shops (nonbusiness purposes).
(G)
Barns. See setback exceptions in Section 20.152.015(H).
(H)
Private swimming pools and hot tubs. See setback exceptions in Section 20.152.015(E).
(I)
Guest Cottage. One (1) guest cottage is permitted for each legal parcel. In lieu of a guest cottage a detached bedroom may be substituted.
(J)
Detached Bedrooms. Not more than two (2) detached bedrooms are permitted upon each parcel. If a guest cottage is constructed, the guest cottage and one (1) detached bedroom may be constructed instead of the two (2) detached bedrooms.
(K)
Accessory Dwelling Unit. One (1) Accessory Dwelling Unit per parcel, provided no Second Residential Unit pursuant to Section 20.164.015(T) exists on the parcel, nor a building permit granted and valid for the construction of a Second Residential Unit and subject to any additional requirements of Chapter 20.166.
(L)
Room and Board. The renting of not more than two (2) rooms for occupancy by transient guests for compensation or profit, provided the parcel has frontage on a publicly maintained road. A Use Permit is required if the parcel does not have frontage on a publicly maintained road.
(M)
Travel Trailer or Camper. The maintaining of one (1) travel trailer or camper in dead storage where it is not used for occupancy or business purposes. The connection of any utility or service such as electrical, water, gas or sewage to the travel trailer or camper shall be prima facie evidence that it is being used for habitation or business purposes. In any S-R, R-1, R-2, R-3, RR-1 or R-C residential parcel, no motor vehicle over three-quarter (¾) ton, boat, or recreational vehicle shall be stored or parked in any front yard setback nor any side or rear yard setback facing a street for a continuous period exceeding seventy-two (72) hours.
(N)
Home Occupations. Subject to Chapter 20.156.
(O)
Household Pets. The keeping of dogs and cats and other household pets, but not including kennels.
(P)
Roadside Sales of Agricultural Products. Operation of a single roadside stand for a display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by this Division, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet to any street or highway, and provided further that such stands shall be permitted only in the S-R, R-R, A-G, U-R, R-L, F-L, and T-P districts.
(Q)
Wild Animal Keeping. The keeping of not more than one (1) wild animal for which a Wild Animal Permit is required and has been issued pursuant to Title 14 of the California Administrative Code.
(R)
Other Necessary and Customary Uses. Accessory nonresidential uses and nonresidential structures, in addition to those identified above, which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to a principal use, as determined by the Director of the Department of Planning and Building Services.
(S)
The parking of two (2) large vehicles or construction equipment upon private property. Additional vehicles and equipment are allowed to the extent that such vehicles and equipment are of a type and number customarily used by residents of the surrounding neighborhood for their own agricultural or home use on their own property. In any S-R, R-1, R-2, R-3, RR-1 or R-C residential parcel, no motor vehicle over three-quarter (¾) ton, boat, or recreational vehicle shall be stored or parked in any front yard setback nor any side or rear yard setback facing a street for a continuous period exceeding seventy-two (72) hours.
(T)
Second Residential Unit. One (1) second residential unit is permitted for each legal parcel in all zoning districts which allow single-family dwellings subject to the following standards and criteria:
(1)
The lot contains an existing single-family dwelling or a building permit for a single-family dwelling has been applied for.
(2)
An adequate water system and adequate sewage disposal system, as approved by the Division of Environmental Health, is available to serve the second residential unit.
(3)
No Accessory Dwelling Units pursuant to section 20.164.015(K) and Chapter 20.166 exist on the parcel nor a building permit granted and valid for construction of one. This limitation does not apply to Junior Accessory Dwelling Units.
(4)
The proposed second residential unit complies with the height, setback, lot coverage, off-street parking, and other zoning requirements for the zone in which the second residential unit is located.
(5)
The second residential unit may be attached or detached from the single-family dwelling.
(6)
The second residential unit may be rented but is not intended for sale.
(U)
Junior Accessory Dwelling Unit. Subject to Chapter 20.166.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)
(A)
Accessory structures and uses necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal civic, commercial, industrial or extractive uses shall be permitted where these use types are permitted.
(B)
Accessory Recycling. The recycling of recyclable materials may be permitted as an accessory and incidental use as follows:
(1)
Storage containers or processing activities located on the premises of a commercial, industrial or civic use when used solely for the recycling of recyclable material generated by such use, accepted in trade for new, used or rehabilitated materials, or customarily accepted for recycling by the particular use.
(2)
Refuse disposal sites may include recycling facilities and resource recovery as accessory uses.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)
164 - ACCESSORY USE REGULATIONS40
Editor's note— Ord. No. 4538, § 41(Exh. A), adopted September 10, 2024, repealed Ch. 20.164 and enacted a new Ch. 20.164 as set out herein and as may later be amended. Former Ch. 20.164 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. No. 3867, adopted 1993; Ord. No. 3991, adopted 1998; Ord. No. 4206, adopted October 28, 2008; and Ord. No. 4417, adopted October 2, 2018.
It is the intent of this Chapter to establish the relation among the principal and accessory uses and the criteria for regulating accessory uses.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)
(A)
In addition to the principal uses expressly included in the zoning districts such use types shall be deemed to include such accessory uses which are specifically identified by these accessory use regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. When provided by these regulations, it shall be the responsibility of the Director of the Department of Planning and Building Services to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Such determinations which are made by the Director shall be subject to the administrative appeal procedure commencing at Section 20.208.005.
(B)
An accessory structure may be constructed prior to construction of the main structure on the premises; provided that the structure shall not be used for temporary or permanent occupancy as a residence, without compliance with Section 20.168.025(B) (Construction Support).
(C)
An accessory use may be allowed on the same parcel as the principal use, or on an adjacent parcel in the same ownership as the parcel which has an established principal use.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)
Subject to the restrictions and limitations specified, the following accessory buildings and uses shall be permitted in zones where residential and agricultural use types are permitted:
(A)
Private garages. See setback exceptions in Section 20.152.015(F).
(B)
Children's playhouses, patios, porches, decks, gazebos, etc. See setback exceptions in Sections 20.152.015(F) and (G).
(C)
Radio and television receiving antennas. See height exceptions in Section 20.152.025.
(D)
Windmills. See height exceptions in Section 20.152.025.
(E)
Silos.
(F)
Shops (nonbusiness purposes).
(G)
Barns. See setback exceptions in Section 20.152.015(H).
(H)
Private swimming pools and hot tubs. See setback exceptions in Section 20.152.015(E).
(I)
Guest Cottage. One (1) guest cottage is permitted for each legal parcel. In lieu of a guest cottage a detached bedroom may be substituted.
(J)
Detached Bedrooms. Not more than two (2) detached bedrooms are permitted upon each parcel. If a guest cottage is constructed, the guest cottage and one (1) detached bedroom may be constructed instead of the two (2) detached bedrooms.
(K)
Accessory Dwelling Unit. One (1) Accessory Dwelling Unit per parcel, provided no Second Residential Unit pursuant to Section 20.164.015(T) exists on the parcel, nor a building permit granted and valid for the construction of a Second Residential Unit and subject to any additional requirements of Chapter 20.166.
(L)
Room and Board. The renting of not more than two (2) rooms for occupancy by transient guests for compensation or profit, provided the parcel has frontage on a publicly maintained road. A Use Permit is required if the parcel does not have frontage on a publicly maintained road.
(M)
Travel Trailer or Camper. The maintaining of one (1) travel trailer or camper in dead storage where it is not used for occupancy or business purposes. The connection of any utility or service such as electrical, water, gas or sewage to the travel trailer or camper shall be prima facie evidence that it is being used for habitation or business purposes. In any S-R, R-1, R-2, R-3, RR-1 or R-C residential parcel, no motor vehicle over three-quarter (¾) ton, boat, or recreational vehicle shall be stored or parked in any front yard setback nor any side or rear yard setback facing a street for a continuous period exceeding seventy-two (72) hours.
(N)
Home Occupations. Subject to Chapter 20.156.
(O)
Household Pets. The keeping of dogs and cats and other household pets, but not including kennels.
(P)
Roadside Sales of Agricultural Products. Operation of a single roadside stand for a display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by this Division, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet to any street or highway, and provided further that such stands shall be permitted only in the S-R, R-R, A-G, U-R, R-L, F-L, and T-P districts.
(Q)
Wild Animal Keeping. The keeping of not more than one (1) wild animal for which a Wild Animal Permit is required and has been issued pursuant to Title 14 of the California Administrative Code.
(R)
Other Necessary and Customary Uses. Accessory nonresidential uses and nonresidential structures, in addition to those identified above, which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to a principal use, as determined by the Director of the Department of Planning and Building Services.
(S)
The parking of two (2) large vehicles or construction equipment upon private property. Additional vehicles and equipment are allowed to the extent that such vehicles and equipment are of a type and number customarily used by residents of the surrounding neighborhood for their own agricultural or home use on their own property. In any S-R, R-1, R-2, R-3, RR-1 or R-C residential parcel, no motor vehicle over three-quarter (¾) ton, boat, or recreational vehicle shall be stored or parked in any front yard setback nor any side or rear yard setback facing a street for a continuous period exceeding seventy-two (72) hours.
(T)
Second Residential Unit. One (1) second residential unit is permitted for each legal parcel in all zoning districts which allow single-family dwellings subject to the following standards and criteria:
(1)
The lot contains an existing single-family dwelling or a building permit for a single-family dwelling has been applied for.
(2)
An adequate water system and adequate sewage disposal system, as approved by the Division of Environmental Health, is available to serve the second residential unit.
(3)
No Accessory Dwelling Units pursuant to section 20.164.015(K) and Chapter 20.166 exist on the parcel nor a building permit granted and valid for construction of one. This limitation does not apply to Junior Accessory Dwelling Units.
(4)
The proposed second residential unit complies with the height, setback, lot coverage, off-street parking, and other zoning requirements for the zone in which the second residential unit is located.
(5)
The second residential unit may be attached or detached from the single-family dwelling.
(6)
The second residential unit may be rented but is not intended for sale.
(U)
Junior Accessory Dwelling Unit. Subject to Chapter 20.166.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)
(A)
Accessory structures and uses necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal civic, commercial, industrial or extractive uses shall be permitted where these use types are permitted.
(B)
Accessory Recycling. The recycling of recyclable materials may be permitted as an accessory and incidental use as follows:
(1)
Storage containers or processing activities located on the premises of a commercial, industrial or civic use when used solely for the recycling of recyclable material generated by such use, accepted in trade for new, used or rehabilitated materials, or customarily accepted for recycling by the particular use.
(2)
Refuse disposal sites may include recycling facilities and resource recovery as accessory uses.
(Ord. No. 4538, § 41(Exh. A), 9-10-2024)