Commerce Municipal Code § 19.07.060 Accessory structures

A. Three residential zones are established to provide residents with a comfortable, healthy, safe, and pleasant living environment. These zones should be separated from incompatible and disruptive activities that may conflict with this purpose. The various zones are designed to accommodate specific types of living situations, such as single-family and multifamily housing, in sufficient supply to serve the needs of the city's residents.

1. Low Density Residential Zone (R-1). The purpose of the R-1 zone is to provide areas for the development of detached and attached single-family dwellings that incorporate private outdoor open spaces into individual living environments. The zone is intended to protect and stabilize desirable characteristics of single-family residential areas, such as minimum lot sizes and separation from incompatible land uses.

2. Medium Density Residential Zone (R-2). The purpose of the R-2 residential zone is to provide an environment suitable for both single-family and duplex units. The intent is to promote desirable characteristics for medium-density living and to stabilize existing medium-density areas. Lots in the R-2 zone may accommodate one or two single-family detached units or duplex units.

3. High Density Residential Zone (R-3). The purpose of the R-3 zone is to provide opportunities for persons to live in medium- or high-density residential developments. Lots in this zone provide common open space areas and similar amenities. The R-3 zone is primarily intended to accommodate apartments and other multi-family dwellings, although single-family and duplex residences are also permitted.

(Ord. 544 § 1(part), 2000).

A. Table 19.07.020A identifies the uses permitted in the R-1, R-2, and R-3 zones. Residential uses represent the primary permitted use, and only those additional uses that are complementary to, and can exist in harmony with, the residential character of each zone may be allowed as conditionally permitted, accessory, and temporary uses, as indicated in Table 19.07.020A.

B. Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding the location, operation, or design of the use. Such uses are marked in Table 19.07.020A with an asterisk (*), and the special conditions that apply are contained in Chapter 19.31 (Standards for Specific Land Uses) of this title.

C. When a use is not specifically listed, the community development director shall have the authority to determine what use the proposed use is most similar to and whether such proposed use is permitted within the context of existing regulations.

Table 19.07.020A Permitted and Conditional Uses—Residential Zone Development Standards— Public Facility Zone

(Ord. 609 § 1, 2007; Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 7 (Exh. D), 11-19-2013; Ord. No. 761, § 2, 8-4-2020)

Table 19.07.030A identifies the development standards applicable to all development in the R-1, R-2, and R-3 zones.

Abbreviations: du(s) = dwelling unit(s); sf = square feet; ft. = feet; bdrm = bedroom; N/A = Not Applicable;

(Ord. 609 § 2, 2007; Ord. 544 § 1(part), 2000).

Architectural and structural features on a building or structure are permitted to project into required setback areas as set forth in Table 19.07.040A, but in all cases shall be at least three feet from any property line.

Table 7-3 Permitted Projections into Required Setback Areas—Residential Zones

(a) No such projections are permitted on any lot within recorded Tract No. 37889, also known as the "Village."

(Ord. 544 § 1(part), 2000).

A. In any required front yard, except lots included within recorded Tract No. 37889, fences, hedges, and walls shall not exceed three and one-half feet in height, or six feet in height if the fence is made of decorative wrought iron.

B. On all lots within recorded Tract No. 37889, known as the "Village," no front yard fencing shall be permitted within the twenty-foot front yard setback area.

C. In any required side or rear yard, or at the rear of the front yard setback, fences, hedges and walls shall not exceed six feet in height.

D. The maximum height for any fence, hedge, or wall adjacent to a freeway right-of-way is ten feet.

(Ord. 544 § 1(part), 2000).

The following standards shall apply to all accessory buildings and structures in a residential zone:

A. Accessory Building in Side Yard.

1. An accessory building or structure is allowed along the side property line not abutting a street if:

a. The accessory building is located fifty feet or more from the front property line for R-1 and R-2 properties, and seventy feet or more from the front property line for R-3 properties;

b. There is no opening along the property line;

c. One-hour fire resistance construction is provided on all sides of the building or structure; and

d. All roof drainage is accommodated on the property on which the building or structure is placed.

Otherwise, the minimum side yard requirements set forth in subsection (A)(2) of this section shall apply.

2. Minimum side yard requirements for an accessory building or structure along the side property line abutting a public street:

a. R-1 and R-2 Zones. An accessory building located fifty feet or more from the front property line shall require a minimum side yard setback of three feet; otherwise, the side yard setback shall be the same as required for the main building.

b. R-3 Zone. An accessory building located seventy feet or more from the front property line shall require a minimum side yard setback of three feet; otherwise, the side yard setback shall be the same as required for the main building.

3. An accessory building with direct alley access must be located a minimum of twenty-six feet from the opposite side of the alley.

B. Accessory Building in Rear Yard.

1. An accessory building is permitted along the rear property line if:

a. There is no opening along the property line;

b. One-hour fire resistance construction is provided on all sides of the building or structure; and

c. All roof drainage is accommodated on the property on which the building or structure is placed.

Otherwise, a minimum rear yard setback of three feet is required.

2. An accessory building with direct auto access from the alley must be located a minimum of twenty-six feet from the opposite side of the alley.

3. On a reverse corner lot, the accessory building must have a minimum setback of five feet from the rear property line, which is also the side property line of an adjoining property.

(Ord. 544 § 1(part), 2000).

A. No motorized vehicle, either operable or inoperable, shall be permitted to be parked within any front yard area other than on a paved driveway leading directly to a garage or other approved vehicle parking area.

B. Exception. On all lots within recorded Tract No. 37889, known as the Village, a maximum of ten-foot by twenty-foot parking pad may be installed on-site within the twenty-foot front yard setback and developed immediately adjacent to the existing parking spaces located in front of the existing two-car garage to create a continuance parking pad not to exceed thirty feet in width. A ten-foot by twenty-foot concrete pad is allowed if a lot is in full compliance as follows:

1. The twenty-foot length for the parking pad will be measured from the front property line and the parking pad shall not extend nor shall vehicles be allowed to park beyond the twenty-foot front yard setback. No trailers and only operable vehicles are allowed to be parked on the parking pad and parking areas in front of the garage as shown in Figure 7-01.

2. The parking pad must be constructed of three and one-half inch thick concrete or any other material that is suitable to sustain the weight of the vehicles for vehicle parking as determined by the city.

3. A walkway with a maximum width of forty-eight inches is allowed to be located within the front yard setback, but must be separated from an approved parking pad with a minimum thirty-inch-wide landscape area.

4. A maximum of thirty feet of continuous concrete or other compatible material and forty-eight inches walkway is allowed within the front yard setback. The remainder of the front yard setback not improved as a walkway or parking pad must be fully landscaped.

5. A plot plan/site plan review will be required and shall submitted to the planning division for review and approval with the appropriate fee for the consideration of any proposed or pre-developed parking pad pursuant to subsection (B) of this section.

C. No vehicle with a gross vehicular weight of ten thousand pounds or greater shall be parked on any portion of a lot within a residential zone. This restriction shall not apply to delivery, service, or similar vehicles providing temporary service.

(Ord. 544 § 1(part), 2000; Ord. No. 820, § 2, 5-13-2025).

A driveway in a front yard in any residential zone shall be no more than twenty feet in width. In the case where a driveway or other access leads directly to three covered side-by-side parking spaces, the driveway width shall not exceed thirty feet.

(Ord. 544 § 1(part), 2000).

Sections 66310—66342 of the California Government Code are hereby adopted and made a part of this section as though fully set forth herein.

(Ord. No. 829, § 2, 11-25-2025)

Editor's note— Ord. No. 829, § 2, adopted Nov. 25, 2025, repealed the former § 19.07.090, and enacted a new § 19.07.090 as set out herein. The former § 19.07.090 pertained to accessory dwelling units and junior accessory dwelling units and derived from Ord. No. 544, § 1, 2000; Ord. No. 656, § 9 (Exh. F), adopted Nov. 19, 2013; and Ord. No. 761, § 1, adopted Aug. 4, 2020.

In addition to the requirements contained in this Chapter 19.07, regulations contained in the following chapters of this Title 19 shall apply to development in residential zones:

Chapter 19.01: General Provisions

Chapter 19.15: Planned Development Overlay Zone

Chapter 19.19: Site Planning and General Development Standards

Chapter 19.21: Off-Street Parking and Loading

Chapter 19.23: Landscaping Standards

Chapter 19.25: Signs

Chapter 19.31: Standards for Specific Land Uses

Chapter 19.37: Nonconforming Uses and Structures

Title 8 (Animals) of the City of Commerce Municipal Code

(Ord. 544 § 1(part), 2000).