Cupertino Municipal Code Ch. 19.100 Accessory

19.100.010 Applicability of Regulations.¶

The regulations established by this chapter shall be applicable in each district established by this title.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

19.100.020 Accessory Uses and Facilities.¶

A. Accessory uses and facilities shall be permitted in any district where incidental to and associated with a permitted use and authorized conditional use therein, subject to the provisions of the section.

B. Accessory uses and facilities:

Shall be subordinate to the primary activity of the principal use or principal facility, respectively;
Shall contribute to the comfort, convenience, efficiency or necessity of the occupants, or the activities of a principal use, or the function of a principal structure;
Shall be located on the same site as the principal use or structure served.

C. Accessory uses and facilities include, but are not limited to, the following list of examples, provided that each accessory use or facility shall comply with all provisions of this title:

Residential garages, and parking facilities, together with access and circulation elements necessary thereto;
Customer, visitor and employee parking facilities, and off-street loading facilities, together with access and related elements necessary thereto;
Facilities for storage incidental to a principal use;
Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility;
Newsstands, gift shops, drugstores, and eating and drinking facilities, or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use or facility;
Building management offices, when located within the principal facility and limited to the management thereof;
Refreshment and service facilities in parks, playgrounds, and in permitted public or private recreation facilities or schools;
The operation of service facilities and equipment in connection with schools, hospitals and similar institutions or uses, when located on the site of the principal use.

D. No use or facility permitted as an accessory use or facility pursuant to this chapter shall be construed to be permitted as a principal use or facility unless specifically authorized as permitted or conditional use in the district in which it shall be located. Operation, occupancy and continuance of allowable accessory uses and facilities shall be conditioned upon continued occupancy or use of the principal use or facility being served.

(Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992)

Exceptions & meaning →

19.100.030 Site Development Regulations.¶

A. General Regulations. Except as otherwise provided in this section, accessory buildings shall at all times be located in conformance with requirements for principal buildings, and shall not be located in any required front, sides, or rear yard setback area.

B. Residential and Agricultural Zones. In residential and agricultural zoning districts, accessory buildings and structures may be located in a required interior yard, subject to the restrictions in Table 19.100.030.

Table 19.100.030: Site Development Regulations

Accessory buildings and structures (including decks and patios) which are attached to principal dwellings

a. Ground level paving, landscape features, and open recreational facilities	Excluded from lot coverage regulations
b. Attached accessory buildings/structures	Must meet all site development regulations, including setbacks, height and lot coverage regulations applicable to principal dwellings in the applicable zone, unless a separate setback standard is provided in subsection (d) through (g) below.
c. Attachment to principal dwelling	Must be structurally integrated with the principal dwelling.
d. Unenclosed Patio Covers	Setback from rear property line = 10 feet
e. Attached Recreational Structures with a floor or a step height greater than 18 inches above any point of the adjoining finished grade	Setback from any property line = 10 feet
f. First-floor decks and patios, other than described in (e) above	Setback from any property line = 3 feet
g. Second story decks and patios	As set forth in each of the individual chapters.If not identified in that zoning ordinance:Minimum side yard setback = 15 feetMinimum rear yard setback = 20 feetEncroachment into required front yard setback = 3 feet maximum
2. Detached Accessory Buildings/ Structures in R-1, RHS, A, A-1, R-2, R-3, R-4, and TH Zoning Districts
a. In R-1, RHS, R-2, A and A-1 zones:	a. In R-1, RHS, R-2, A and A-1 zones:
i. Area of Accessory Buildings/Structures, not including garage space	Accessory Dwelling Units - Limited to gross building area per Chapter 19.112 All others – Limited to development standards in underlying zoning
ii. Basements in Accessory Buildings/Structures	Shall count as floor area.
iii. Basement lightwells in Accessory Buildings/Structures	Shall conform to Section 19.28.070
iv. Accessory Buildings/Structures with living space	Shall conform to Chapter 19.112
b. Maximum lot coverage	30% of the usable rear yard area
c. Minimum setback from principal dwelling	5 feet (measured between the eaves)
d. Minimum Setback (except for detached recreational buildings/structures in 2(j))
i. Front	20 feet in residential zones30 feet in agricultural zones
ii. Rear	3 feet
iii. Side	Interior side - 3 feetStreet side on corner lot - 15 feetStreet side on corner lot adjacent to key lot - 20 feet
e. For interior lots abutting only one street, in R-2 and R-3 zones	No detached accessory building or structure, except a detached garage, may occupy the front 50% of the lot area.
f. Small, portable storage buildings less than 6 feet in height, not attached to a building, permanent foundation or pad	1. Setback from principal dwelling unit may be less than five feet and 2. Setback from any property line must be at least three feet.
g. Maximum Height	20 feet (limited to one story)
h. Maximum Wall Plane Height	1. Shall not exceed seven feet beginning at a three foot setback from rear or side property lines. 2. The wall plane height may be increased by one foot for each additional one and one-half feet of setback (corresponding to a thirty-three-degree angle), up to a maximum wall plane height of fifteen feet, as depicted in the diagram attached to the ordinance codified in this title.
i. Walls less than five feet from a property line	1. May have windows if they have obscured glass or have a sill height above five feet from the floor. 2. This does not apply to skylights or windows which face a right-of-way or a non-residential zoning district.
j. Detached recreational buildings/structures with a floor or step height greater than eighteen inches above any point at the adjoining finished grade	Setback from any property line = 10 feet other than affixed play structures in 2(k) below.
k. Affixed play structures, such as a swing or climbing apparatus	Allowed in setback area defined in 2(j) above provided that: 1. Setback from any property line = 3 feet, and 2. If it does not comply with the requirements of Sections 19.100.030(B)(2)(h) and (2)(j) above, shall meet one of the two conditions below: i. It is adjacent to the front or street side property line of a corner lot or ii. If the structure exceeds the requirements relative to a property line other than the front or street side property line of a corner lot, the immediately adjacent property owner agrees to the location prior to construction.

(Ord. 2085, § 2 (part), 2011; Ord. 24-2261, § 1 (part), 2024; Ord. 25-2277, Exh. A (part), 2025)

Appendix A: Detached Accessory Buildings and Structures Example

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Exceptions & meaning →