§ 30.39

The intent of this article is to provide regulations for buildings or structures that are not main buildings on parcels, excluding accessory dwelling units, in which the principal use of land does not take place. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2018-02, § 9, 1-8-18)

Accessory buildings as regulated herein are permitted in any district, whether constructed at the same time as the main building on the lot, or subsequently. Accessory buildings in any commercial or industrial zone shall be built subject to all of the same restrictions that apply to the main building on the lot. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

Accessory structures are permitted in residential zones only when they comply with the following restrictions:

(a) No accessory structure shall be located within three (3) feet of any side or rear property line unless limited to seven (7) feet in height and incorporating any necessary measures to prevent water runoff onto adjacent properties.

(b) No accessory structure shall encroach upon the required front yard area or be located within the required side yard setback area on the street side of a corner lot. Landscape amenities such as arbors, trellises and pergolas may be allowed subject to the requirements of section 30.34.30(a)(7). Accessory structures located within the front one-half (1/2) of the lot must be constructed of materials, colors and architectural design consistent with the main building.

(c) No more than two (2) accessory structures shall be permitted on one (1) lot.

(d) Accessory structures shall not occupy more than thirty percent (30%) of the lot area; nor shall accessory structures plus the main buildings on any site occupy more than the maximum lot coverage, if any, as specified for the district in which the lot is located. Any single accessory structure exceeding six hundred (600) square feet in size must be constructed of the same materials, colors and architectural style as the main residential building.

(e) Accessory structures located closer than five (5) feet to any main building shall comply with all setback requirements for the main building as specified by the zoning district in which the lot is located.

(f) Accessory structures shall not be used for dwelling purposes. Applications for a building permit to construct an accessory dwelling unit are subject to the provisions of Article LIV.

(g) Play structures under one hundred twenty (120) square feet in area shall be exempt from all provisions under this section, except that they shall not be located within three (3) feet of any side or rear property line, and shall not be located within the front yard setback or side yard setback adjacent to a street.

(h) Freestanding membrane-covered accessory structures, including rigid, framed, canvas-covered carports and cabanas, may be allowed in residential zones, provided they meet all requirements for accessory structures, as well as the following added restrictions:

(1) A membrane accessory structure shall not be constructed within the front one-half (1/2) of the lot on which it is located or within the required side yard setback area on the street side of a corner lot.

(2) The membrane roof or side coverings must have all edges fastened and restrained with sufficient tension to prevent movement or flapping of the membrane material in winds, up to the design standard for wind in this area.

(3) Structural supports shall not encroach into any required setback areas.

(4) A membrane accessory structure shall be considered a temporary structure and shall not be allowed as a permanent structure unless the membrane material and structure is warranted by the manufacturer for a minimum of seven (7) years.

(i) Accessory structures shall be limited to twelve (12) feet in height and one (1) story. An accessory structure over twelve (12) feet in height and/or a two (2) story accessory structure may be approved by the planning commission through an architectural and site review application. A public hearing shall be required for such application.

(j) Storage and moving containers shall be permitted to locate within the front yard setback of a residential property for a time period not exceeding two (2) weeks. Storage or moving containers located on a parcel for a longer time period shall be considered accessory structures and shall conform to all provisions of this section. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2018-02, § 10, 1-8-18)

In residential districts, decks must be located at least three (3) feet from any rear or side property lines. Decks exceeding thirty (30) inches or more above the ground, or which have vertical components or fixed seats above the finished surface within five (5) feet of the main building, shall be considered part of the main building and shall adhere to the setback requirements specified in Article XI. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

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The Gilroy City Code is current through Ordinance 2026-01, passed January 5, 2026.

Disclaimer: The City Clerk's Office has the official version of the Gilroy City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the di it d b