Colfax Municipal Code § 17.96.010 Purpose

The purpose of these provisions is to specify the uses that are permitted as accessory to the primary uses in the zone districts, and to establish the regulations that apply to accessory structures.

(Ord. No. 519, 8-8-2012)

A. Accessory Uses Encompassed by Primary Use. In addition to the primary uses expressly included in a use classification, each use classification shall be deemed to include such accessory uses which are specifically identified by these regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary uses. It shall be the responsibility of the planning director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary use, based on the planning director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the primary uses and the relationship between the proposed accessory use and the primary use. Determinations by the planning director shall be subject to appeal pursuant to Chapter 17.44, and a record of all such determinations shall be maintained by the planning director.

B. Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the primary uses within each use classification, except as otherwise expressly provided by these regulations.

C. Permitted Accessory Uses for Residential Use Types.

1. Home occupations, as permitted in Chapter 17.152.

2. Garage/yard sales, with the following limitations:

a. Three sales per calendar year at the same address;

b. Not to exceed three calendar days per event; and

c. Operating during daylight hours only.

3. Off-street parking areas and parking structures for use by persons living, or visiting the premises.

4. Repair and maintenance of automobiles or other vehicles if work is being done on a vehicle registered to a resident of the premises, or not more than one automobile or other vehicle at a time if work is being done on a vehicle registered to someone other than a resident of the premises. Notwithstanding the above, repair or maintenance of any tractor trucks or semi-trucks is not permitted in any residential zone district.

5. Rental and sales offices for the leasing and sales of units located in the same apartment or condominium complex.

6. The following accessory uses and buildings shall be permitted in mobilehome parks:

a. Accessory uses and accessory buildings customarily appurtenant to a permitted use, such as the following accessory structures and uses on individual lots: cabanas, ramadas, patio slabs, carports or garages and storage and washroom buildings;

b. Accessory uses customarily incidental and subordinate to the residential occupancy of the mobilehomes which are expressly provided for residents of the mobilehome park only, such as:

i. A manager's office and maintenance equipment storage area;

ii. Laundry facilities; and

iii. Carwashing facilities.

7. Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

D. Permitted Accessory Uses for Schools, Community Assembly and Community Services Use Types.

1. Recycling collection center for collection of newspapers only, by nonprofit organizations, when operated in conformance with Chapter 17.184 (recycling collection centers).

2. Fundraising sale and events.

3. Food service and distribution facilities (community assembly uses only) subject to the permit requirements set forth in Chapters 17.144 and 17.148.

4. Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

E. Permitted Accessory Uses for Commercial and Industrial Use Types.

1. Automatic teller machines, vending machines and video dispensing machines, where such machines or facilities are designed, located or attached so that they are protected from the elements and completely visible from adjacent public streets. Such location/design must be approved by the planning director.

2. Cafeteria, delicatessen and food vending with an area of less than one thousand (1,000) square feet.

3. Fleet storage of company owned vehicles within a parking lot.

4. Open air vending facilities, as permitted by Chapter 17.168.

5. Outdoor storage, provided that:

a. All outdoor storage in commercial zones shall be screened from public view through a combination of building design, landscaping and berming, and or location. Any outdoor storage that is not completely screened, as determined by the planning director, is subject to an administrative permit;

b. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts except where authorized by an automobile, trailer, airplane, or boat sales business in commercial zones.

6. Recreational Facilities (Indoors or Outdoors) for Use of Employees. Such facilities include, but are not limited to, basketball courts, ballfields, putting greens and volleyball courts.

7. Recycling collection center, as permitted by Chapter 17.184.

8. Used goods collection center, as permitted by Chapter 17.208.

9. Plazas.

10. Caretaker residence when associated with a personal storage facility.

11. Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

F. Permitted Accessory Uses for Agricultural Use Types.

1. Home occupations, as permitted in Chapter 17.152;

2. Growing and harvesting of timber, Christmas trees, or other plants;

3. Fruit and nut dehydrating plants;

4. Nurseries, greenhouses, mushroom rooms, floriculture;

5. Apiaries and honey extraction plants;

6. Wineries and cideries as defined in Chapter 17.12 and the following incidental uses subject to providing adequate off-street parking as determined by the planning director and meeting all necessary clearances from the health and building departments:

a. Wine, cider and other agricultural product tasting;

b. Winery, cidery and other agricultural product tours;

c. Wholesale and retail sales of wine, grape, cider and other agricultural products;

d. Compensated or non-compensated events with up to fifty (50) persons in attendance with no limitation on the number of events per year;

e. Picnic area(s) for winery, cidery and other agricultural product-related activities;

f. Art galleries with sales and framing;

g. A food preparation facility for catering on-premises indoor or outdoor functions;

h. Agricultural-related museums;

i. Gift display not to exceed a total of five hundred (500) square feet in interior footprint area for the retail sale of winery, cidery and other agricultural product-related promotional items, gift items, and/or prepackaged foods,

j. Social gatherings or weddings occurring on weekends for up to the maximum occupancy load as established by the California Building Code up to and including two hundred fifty (250) persons up to and including twelve (12) events per year with no more than four such events per month,

k. Indoor or outdoor amplified music until ten (10) p.m.

7. Any other accessory use determined by the planning director to be of the same general character as the permitted uses set forth in this section.

(Ord. No. 519, 8-8-2012)

A. Accessory Structures Included with Permitted Uses. In addition to the primary structures associated with permitted uses, each use classification shall be deemed to include such accessory structures which are specifically identified by these regulations, and such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary structures. It shall be the responsibility of the planning director, or his or her designee, to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure, based on the planning director's evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed. Determinations by the planning director shall be subject to appeal pursuant to of Chapter 17.44, and a record of all such determinations shall be maintained by the planning director. All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they are located and any other permits required (e.g., design review permit). Any variance to the accessory structure requirements shall be processed administratively by the planning director.

B. Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the primary structures within each zoning district, except as otherwise expressly provided by these regulations. Accessory structures may be established concurrently or following the construction of a primary structure.

C. Permitted Accessory Structures to Dwelling Use Type (Single-Family and Two-Family).

1. Decks. Uncovered decks under thirty (30) inches in height are permitted anywhere on a parcel, without respect to required setbacks. Any deck which is 30 inches or taller in height, as measured from the edge of the deck and, maintaining a horizontal plane, to six (6) feet from the edge of deck, shall maintain a minimum side yard setback of one and one-half times the required side yard setback for the primary structure, a rear yard setback of one-half the required rear yard setback for the primary structure, a ten-foot front yard setback, and shall be located consistent with the residential clear vision triangle requirements of subsection 17.72.030B. Second story decks or widow's walks are permitted, as long as the required yard setbacks are maintained, and may run the entire length of the wall on which they are located.

2. Covered Patios Attached to Existing Residences. Patio covers attached to the residence have no site coverage restrictions.

3. Unenclosed Structures, Including, But Not Limited to, Shade Structures, Carports, Boat and RV Covers and Gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a. Any structure not attached to the residence shall not enclose any area equal to or greater than twenty (20) percent of the available yard space on the side of the residence where the structure is located;

b. The structure shall not be constructed of materials which would create a year-round livable area;

c. The structure shall not exceed fifteen (15) feet in height and one story. For each foot in height above ten (10) feet the required setback, except the front yard setback, shall be increased by one foot.

d. The structure shall maintain a fifteen-foot front yard setback and a five-foot rear and side yard setback;

e. On the street side of a corner lot, the structure shall maintain a five-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;

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f. On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a ten-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way.

[Figure] .

4. Enclosed structures less than one hundred twenty (120) square feet, and:

a. Less than Seven Feet in Height.

i. General. Detached buildings or structures less than or equal to one hundred twenty (120) square feet in floor area and less than seven feet in height may be located anywhere within a parcel, but shall maintain the required front yard setback. Such buildings are limited to one per legal parcel.

ii. Corner Lot. On the street side of a corner lot the building or structure shall be setback to maintain a five-foot setback from the back of the sidewalk, or in the absence of a sidewalk, five feet from the back of the right-of -way.

[Figure]

iii. Corner Lot Adjacent to a Key Lot. On the street side of a corner lot adjacent to a key lot, the building or structure shall be setback to maintain a ten-foot setback from the back of sidewalk, or in the absence of a sidewalk, ten (10) feet from the back of the right-of-way.

[Figure]

b. Greater than Seven Feet in Height.

i. The maximum height is fifteen (15) feet and one story;

ii. Five feet from the rear and side property lines;

iii. Twelve (12) and one-half feet from the back of sidewalk or edge of right-of-way on corner lots; and

iv. For each foot in height above ten (10) feet, the required setback, except for the front yard setback, shall be increased by one foot.

5. Enclosed Structure(s) Greater than One Hundred Twenty (120) Square Feet. Enclosed structures located on the same lot that individually or cumulatively are equal to or greater than one hundred twenty (120) square feet in floor area are subject to the following requirements:

a. General.

i. If the building or structure is located within a required rear yard, the total size of the building or buildings, cumulatively, shall be less than fifty (50) percent of the required rear yard setback.

ii. The required front yard setback of the applicable residential zone district shall be maintained.

iii. A maximum of seven hundred (700) square feet of detached building(s) or structure(s) is permitted on the same lot. Additional square footage of detached accessory building(s) or structure(s), in excess of seven hundred (700) square feet, may be permitted upon approval of an administrative permit.

iv. A minimum six-foot separation shall be maintained from any other building or structure located on the same lot.

v. An extension of the main building or accessory building roof (e.g., a breezeway) may connect the accessory building to the primary building, but it shall not be considered part of (attached to) the main (primary) building. The breezeway and accessory building must maintain required side yard setbacks, as specified in subsection C.5.b. In addition, any accessory structure located less than six feet from a primary building shall be considered attached to (and part of) the primary building for purposes of this article.

vi. Additions to primary structures that exceed seven hundred (700) square feet in area may be permitted upon approval of an administrative permit, which may include a public hearing as provided in Sections 17.32.010 and 17.40.020.

b. For buildings greater than seven feet in height, the following shall apply:

i. The maximum height is fifteen (15) feet and one story;

ii. Five feet from the rear and side property lines;

iii. Twelve (12) and one-half feet from the back of sidewalk or edge of right-of-way on corner lots; and

iv. For each foot in height above ten (10) feet, the required setback, except for the front yard setback, shall be increased by one foot.

c. For buildings less than or equal to seven feet in height, the following setbacks shall be maintained:

i. Five feet from the back of sidewalk or right-of-way, whichever is greater, on the street side for corner lots;

ii. Ten (10) feet from the back of sidewalk or right-of-way whichever is greater when adjacent to a key lot; and

iii. No setback is required adjacent to the rear or interior side property lines.

6. Fences and Walls. A maximum six-foot high fence (including lattice and similar attachments) or wall, may be located on a parcel consistent with the following requirements:

a. For residential lots zoned R-1-20 or larger, appropriate deer-proof fencing is permitted of right.

b. For all other residential zones, the maximum height shall be reduced to three feet if located:

i. Within a residential clear vision triangle (see Chapter 17.12, definitions);

ii. Within a required front setback; or

iii. Within five feet of the back of the sidewalk or in the absence of a sidewalk the back of the right-of-way of a street-side for a corner lot or within ten (10) feet of the back of the sidewalk or right-of-way of a street side for a corner lot adjacent to a key lot.

[Figure]

c. When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.

d. The height of a fence or wall may be increased to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit.

e. The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

7. Flag Poles. The pole may be a maximum o f thirty-five (35) feet in height and shall maintain a minimum five foot setback from any property line.

8. Security Facilities, including security gates and gate houses at a project entrance subject to city fire department regulations.

9. Antennas, including HAM radio, radio and television receiving antennas subject to requirements of Chapter 17.132.

10. Children's Play Equipment, including playsets, playhouses and tree houses.

11. Recreation Facilities, including recreation activity courts and facilities, swimming pools, spas and hot tubs.

12. Satellite Dishes. Satellite dishes as allowed in Chapter 17.132.

13. Entry Arbors. Entry arbors may be located within the required front yard setback provided they do not cover more than twenty-five (25) square feet in area and do not exceed a height of ten (10) feet.

14. Exceptions to Accessory Structure Requirements. An exception to the requirements of this section may be approved subject to the approval of an administrative permit.

15. Any other accessory structure determined by the planning director to be of the same general character as the permitted structures set forth in this section.

D. Permitted Accessory Structures to Dwelling Use Type (Multi-family).

1. Bicycle Lockers and Off-Street Parking Areas.

2. Decks and Balconies. Uncovered decks under thirty (30) inches in height are permitted anywhere on a parcel, without respect to required setbacks. Any deck or balcony of thirty (30) inches or taller, as measured from the edge of the deck and, maintaining a horizontal plane, to six feet from the edge of deck, shall maintain the following:

a. A minimum side yard setback of two times the required interior side yard setback for the primary structure;

b. A rear yard setback of one-half the required rear yard setback for the primary structure;

c. A ten-foot front yard setback; and

d. Shall be located consistent with the residential clear vision triangle requirements of subsection 17.72.030B.

3. Unenclosed Structures, Including Detached Shade Structures, Covered Patios, Arbors, and Gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a. The structure shall not enclose any area equal to or greater than twenty (20) percent on any side;

b. The structure shall not be constructed of materials which would create a year round livable area;

c. The structure shall not exceed fifteen (15) feet in height and one story. For each foot in height above ten (10) feet the required setback, except the front yard setback, shall be increased by one foot.

d. The structure shall maintain a fifteen-foot front yard setback and a five-foot rear and side yard setback;

e. On the street side of a corner lot, the structure shall maintain a five-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way;

f. On the street side of a corner lot located adjacent to a key lot, the structure shall maintain a ten-foot setback as measured from the back of the sidewalk or, in the absence of a sidewalk, the right-of-way; and

g. The size or location of the structure does not violate any requirements of an approved site review.

4. Fences and Walls. A maximum six-foot high fence (including lattice and similar attachments) or wall may be located anywhere on a parcel consistent with the following requirements:

a. The maximum height shall be reduced to three feet if located:

i. Within a residential clear vision triangle (see Chapter 17.12 definitions);

ii. Within a required front setback; or

iii. Within five feet of the back of the sidewalk or right-of-way of a street-side for a corner lot or within ten (10) feet of the back of the sidewalk or right-of-way of a street-side for a corner lot adjacent to a key lot.

b. When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.

c. The height of a fence or wall may be increased a maximum of two feet to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit. Fences and walls in excess of eight feet may be permitted subject to the approval of a conditional use permit.

d. The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

5. Flag Poles. The pole may be maximum of thirty-five (35) feet in height and shall maintain a minimum of five-foot setback from any property line.

6. Security Facilities. Including security gates and gate houses at a project entrance.

7. Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.132.

8. Recreation Facilities. Including recreation activity courts and facilities, children's play equipment, swimming pools, spas and hot tubs.

9. Satellite Dishes. Satellite dishes as allowed in Chapter 17.132.

10. Signs, as permitted by Title 17.112 of this code.

11. Transit facilities.

12. Trash enclosures and recycling facilities.

13. Exceptions to Accessory Structure Requirements. Unless otherwise noted that a conditional use permit is required, an exception to the requirements of this section may be approved subject to the approval of an administrative permit.

14. Any other accessory structures determined by the planning director to be of the same general character as the permitted structures set forth in this section.

E. Permitted Accessory Structures to Commercial and Industrial Use Types.

1. Bicycle lockers, and off street parking areas and structures.

2. Unenclosed structures, including arbors and gazebos.

3. Detached enclosed storage.

4. Detached unenclosed storage buildings and pole buildings associated with the outdoor display of building materials, nursery stock, or other materials which are typically displayed outdoors or under a canopy.

5. Fences and walls, except that no fence or wall in excess of three feet may be located within a commercial clear vision triangle (see Chapter 17.12, Definitions);

6. Flag Poles. The pole may be maximum of thirty-five (35) feet in height and shall maintain a minimum of five-foot setback from any property line.

7. Security Facilities. Including security gates and gate houses at a project entrance.

8. Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.132.

9. Recreation facilities, including recreation activity courts and facilities for use by employees.

10. Satellite Dishes. Satellite dishes as allowed in Chapter 17.132.

11. Signs, as permitted by Chapter 17.112 of this code.

12. Transit facilities.

13. Trash enclosures and recycling facilities.

14. Any other accessory structure determined by the planning director to be of the same general character as the permitted structures set forth in this section.

F. Permitted Accessory Structures in the Agricultural Zone District.

1. One single-family primary residence;

2. Living quarters for persons employed on the premises;

3. Detached private garages and private stables;

4. Nurseries and greenhouses;

5. Stands for the retail sale of agricultural products.

6. Building for the processing and packaging of agricultural products.

7. Deer-proof fencing.

8. Any structure, building, fencing other than deer-proof fencing or equipment determined by the planning director, based on size, topography and location, to be an appropriate structure that is incidental and necessary to the primary agricultural use or permitted accessory use.

9. Any other accessory structure determined by the planning director to be of the same general character as the permitted structures set forth in this section.

G. Prohibited Accessory Uses and Structures Within All Zone Districts and Use Types:

1. Outdoor Storage. Storage of loose rubbish, garbage, junk or their receptacles shall not be visible from any public right-of-way. Outdoor storage of other materials and equipment may be permitted consistent with the use types and permit requirements of Article II of this title.

2. Vehicles for Sale. No vehicles shall be stored or displayed for sale on any undeveloped parcel or on any property zoned for commercial or industrial uses except where authorized for automobile sales pursuant to this title.

3. Fences. The use of barbed wire, electrified fence, razor wire or similar security devices in conjunction with any fence, wall, or hedge, or by itself is prohibited, except in the following circumstances:

a. For security purposes in non-residential zones, where the barbed wire, electrified wire, or razor wire is located a minimum of six feet above the ground.

b. Where property is zoned agricultural and which complies with the following:

(i) Where the fencing is accompanied by adequate warning signage; and

(ii) Where the fencing is set back from adjacent residential land uses ten feet.

c. Where property is zoned R-1-20 or larger and the fencing is deer-proof fencing.

d. Where required by any permit condition, law or regulation of the city or state.

(Ord. No. 519, 8-8-2012)