Subject Area: Accessory Structures
INTRODUCTION
This recommended revision clarifies how accessory structures, such as patio covers, are measured from the property lines for setbacks requirements, and defines the minimum building setback for detached patio covers.
“REDLINE” VERSION OF PROPOSED CHANGES
Section 17.24.040 is amended as follows:
17.24.040 Accessory Buildings and Structures.
A. General Requirements for Accessory Buildings and Structures in All Zones.
1. When Accessory Buildings and Accessory Structures May be Constructed.
Attached or detached accessory buildings and accessory structures may be constructed with, or subsequent to, the construction of the primary building as provided for herein. Exceptions may be granted as deemed by the City Planner or designee.
2. Requirements Not Included in This Section. Along with the regulations found in this section:
a. Please refer to provisions in chapters on the individual zones for other standards applicable to accessory buildings; and
b. The provisions within this section shall not apply to fences, walls, hedges, retaining walls and skirt walls. Please refer to Section 17.24.090, Fences, Walls, and Hedges; Section 17.24.180, Retaining Walls, and Section
17.24.190, Skirt Walls, of this Title for specific regulations pertaining to Fences, Walls, Hedges, Retaining Walls and Skirt Walls.
B. Standards for Attached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in All Zones.
1. Setbacks. With the exception of garages in residential zones which qualify for encroachment into the front yard setback, as provided for in Section
17.32.050(E), Garage Encroachment into the Front Setback, and except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height limits, attached accessory buildings/structures shall comply in all respects with the setback requirements for the primary building.
2. Height Limits. Attached accessory buildings/structures may have the same height limit as primary buildings.
C. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Residential Zones and on Residential Lots in Mixed-Use Zones.
1. Setbacks. Except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits of this Title, a detached accessory building/structure shall adhere to the following general setbacks:
Attachment 2
a. There shall be a five-foot minimum setback between an accessory building/structure and a primary building, measured at the closest distance between the wall or post of structures.
ab. When located wholly in the front one-half of the lot, a detached accessory building/structure shall follow the setbacks for the primary building, as prescribed by the zone.
bc. Except for through lots as described in Section 17.24.210, when located wholly in the rear one-half of the lot:
i. A detached accessory building with 450 square feet or less floor area may encroach into the interior-side yard and/or rear yard setback of the zone up to a property line. One accessory building may encroach into required setbacks on lots 6,000 square feet or smaller, and two buildings may encroach on lots over 6,000 square feet, if they are separated a minimum of 10 feet
ii. A detached accessory building with over 450 square feet of floor area shall conform to the setbacks of the underlying zone.
iii. A detached accessory structure shall adhere to the setbacks of the zone for the primary building, except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits. cd. When portions of the detached accessory building/structure are located in both the front and rear half of the lot, respective portions of both Subsection (C)(1)(a) and (b) of this section shall apply. de. A detached accessory building/structure shall not be located within five feet of any alley.
ef. On a Corner Lot or a Reverse Corner Lot.
i. Exterior Side Setback. The exterior side setback for a detached accessory building/structure shall be the required or existing front yard setback on the adjacent key lot, whichever is less restrictive. The required or existing front yard setback may be established using any legally constructed building, attached or detached, accessory or primary.
ii. Rear Setback. Notwithstanding Subsection (C)(1)(a), (1)(b), (1)(c), (1)(d), and (1)(e)(i), above, the rear setback for a detached accessory building/structure shall be five feet when the accessory building is adjacent to the front two-thirds of the adjacent key lot.
Figure 17.24.040B
iii. Detached garages may encroach into the front yard setback as provided for attached garages in Section 17.32.050(E), Garage Encroachment into the Front Setback, of this Title.
2. Height Limit for Detached Accessory Structures. Except as modified by Section
17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory structures shall be as follows:
a. Front Half of the Lot. Detached accessory structures in the front half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot. Detached accessory structures shall have a maximum height of 15 feet, however; the height limit may be increased to the height limit of the zone with the approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).
3. Height Limits for Detached Accessory Buildings. Except as modified by Section
17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory buildings shall be as follows:
a. Front Half of the Lot. Detached accessory buildings in the front one-half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot.
i. Accessory Buildings with Setback Encroachments. Detached accessory buildings in the rear half of the lot encroaching into required setbacks may be constructed over 15 feet high, up to the height limit of the zone with the approval of a Development Permit (Section
17.16.100) or Cultural Heritage Permit {Section 17.16.110). Setback encroachments require compliance with Section 17.24.080 or the approval of an application in Chapter 17.16; and
ii. Accessory Buildings with Setback Compliance. Detached accessory buildings in the rear one-half of the lot may be constructed up to the height limit of the zone if detached accessory buildings comply with required setbacks of the zoning district for the primary building.
D. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Nonresidential Zones and on Nonresidential and Mixed-Use Lots in Mixed-Use Zones.
1. Setbacks. Detached accessory buildings/structures shall meet all of the setback requirements for primary buildings, except as modified by Table
17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the property line.
2. Height Limits. Detached accessory buildings/structures shall have the same height as the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title.
3. Distance Setback From the Primary Building. A detached accessory building/structure shall be a minimum of five feet from the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the primary building.