Fowler Municipal Code Ch. 9.155 Accessory Structures

This Chapter establishes regulations for the design and location of accessory structures to ensure that such structures are compatible with the primary structure on a lot and maintain the residential character of the property.

The regulations in this Chapter apply to the following accessory structures located within zones that allow residential uses:

A. Unenclosed accessory structures, including carports, pergolas, gazebos, and front porch covers. For purposes of this Chapter, rear porch covers are not considered accessory structures.

B. Enclosed accessory structures, including garages, sheds, workshops, greenhouses, guest quarters, and pool houses. For the purposes of this Chapter, accessory dwelling units are not considered accessory structures; accessory dwelling units are governed by the requirements of Chapter 9.200 (Accessory Dwelling Units).

C. Playground structures, outdoor fireplaces, and similar structures.

A. Site Plan Review Required. Accessory structures meeting either of the following thresholds shall require a Site Plan Review in accordance with Chapter 9.85 (Site Plan Review).

1. Structures greater than six hundred (600) square feet in size.

2. Structures exceeding a building height of twelve (12) feet at plate height or an overall height of sixteen (16) feet, unless the accessory structure is located less than ten (10) feet from the primary structure.

B. Zone Clearance Required. Accessory structures requiring a building permit or accessory structures meeting both of the following thresholds shall require a Zone Clearance in accordance with Chapter 9.105 (Zone Clearance).

1. Structures greater than one hundred twenty (120) square feet but less than or equal to six hundred (600) square feet in size.

2. Structures with a plate height of less than or equal to twelve (12) feet and an overall height of less than or equal to sixteen (16) feet.

C. Exemptions. The following accessory structures do not require a Site Plan Review or Zone Clearance, provided they meet all applicable development standards as contained in this Chapter. Additional permits, such as building permits, may be required.

1. Accessory structures of one hundred twenty (120) square feet or less.

2. Playground structures, outdoor fireplaces, and structures determined to be similar by the Director meeting all the following standards:

a. Structures of one hundred twenty (120) square feet or less.

b. Structures located no closer than five (5) feet to the interior side property line if located to the rear of the primary structure.

c. Structures located no closer than five (5) feet to the rear property line.

d. Playground structures shall not have an overall height greater than twelve (12) feet.

e. Outdoor fireplaces, or similar structures as determined by the Director, shall not have an overall height greater than six (6) feet.

An accessory structure is permitted in all zones that allow residential uses, subject to the following requirements, which are in addition to any requirements of the applicable zone.

A. Incidental Use. Accessory structures shall be incidental to and not alter the residential character of a parcel and no accessory structure shall be erected unless a primary building exists on the parcel.

B. Location. Accessory structures shall be located only in rear or interior side yards.

C. Setbacks. The minimum setbacks for accessory structures shall be as follows:

1. Unenclosed or partially enclosed accessory structures located less than ten (10) feet from the primary structure shall comply with the required setbacks of the primary structure.

2. Enclosed accessory structures located less than ten (10) feet from the primary structure shall comply with the required setbacks for the primary structure.

3. Enclosed, partially enclosed, and unenclosed accessory structures located ten (10) feet or more from the primary structure shall comply with the minimum setbacks identified in Table 9.155.040-1: Accessory Structure Setbacks.

4. Partially enclosed for purposes of this Section shall mean that at least seventy-five percent (75%) of all exposed sides are open or transparent.

Table 9.155.040-1: Accessory Structure Setbacks

;sz=9;Notes:

;sz=9; 1 Minimum setbacks apply only to those unenclosed, partially enclosed, and enclosed accessory structures located ten (10) feet or more from the primary structure.

;sz=9; 2 Projections and encroachments may be permitted within required setbacks in accordance with Section 9.150.030 (Setback Requirements and Exceptions).

D. Distance Between Buildings. A minimum of ten (10) feet shall be maintained between accessory structures on the same parcel.

E. Height. The height of accessory structures shall be limited to the following:

1. Unenclosed and partially enclosed accessory structures located less than ten (10) feet from the main structure shall not exceed an overall height of sixteen (16) feet or a plate height of twelve (12) feet, except as allowed under Subsection (E)(4), Exceptions, of this Section.

2. Enclosed accessory structures located less than ten (10) feet from the main structure shall comply with the development standards for the main structure, including building height.

3. Enclosed, partially enclosed, and unenclosed accessory structures located ten (10) feet or more from the main structure shall not exceed an overall height of sixteen (16) feet or a plate height of twelve (12) feet, except as allowed under Subsection (E)(4), Exceptions, of this Section.

4. Exceptions. Accessory structures may exceed an overall height of sixteen (16) feet or a plate height of twelve (12) feet, subject to review and approval of a Site Plan Review.

F. Architectural Compatibility. All accessory structures that enclose or cover more than one hundred twenty (120) square feet shall be required to be architecturally compatible with the primary structure on site. Architectural compatibility shall be determined as follows:

1. An accessory structure shall be considered architecturally compatible when the accessory structure is consistent with at least three (3) of the following architectural features or traits of the primary structure on-site:

a. Wall color.

b. Wall-covering materials (e.g., wood, stucco, metal).

c. Wall texture (e.g., smooth, stucco, lace stucco, lap siding).

d. Roofing material (e.g., tile, shake, composition, metal).

e. Roof pitch.

f. Structural eaves (e.g., present or absent; when present, the extent/distance projecting from supporting wall).

g. Fascia materials (e.g., present and, if so, decorative or functional).

h. Decorative treatments (e.g., pop-outs, columns, dormers, window surrounds, decorative arches).

2. Exemptions. The following accessory structures are exempt from the requirement to demonstrate architectural compatibility.

a. Accessory structures exempt from permit requirements, as outlined in Section 9.155.030, Subsection (C).

b. Any accessory structure which, by its location, is not visible to an individual standing at ground level from any public street, not including alleys.

G. Access. An accessory structure used for vehicle storage shall have clear, unobstructed access to the structure from the street. The access drive shall be improved with a City-approved surface material. No additional curb cuts may be installed for the accessory structure unless otherwise approved by the City Engineer.