Merced Municipal Code Ch. 20.28 Accessory Structures

A. Separation Between Structures. Accessory structures shall be set back from other structures on the same lot as required by the building code.

B. Attached Structures. Accessory structures attached to a primary structure shall be considered a part of the primary structure and shall comply with all standards applicable to the primary structure, including lot coverage requirements.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A. Permitted Residential Accessory Structures and Uses. Accessory structures and uses permitted in residential zones include:

1. Home occupations (See Chapter 20.48).

2. Second units (See Chapter 20.42).

3. State licensed foster homes, state-licensed small family day care homes of one (1)—eight (8) children, and state-licensed large family day care homes of no more than fourteen (14) children.

4. Accessory buildings and uses customarily appurtenant to a permitted use, such as garages, carport, off-street parking areas, personal storage buildings, fences, etc.

5. Temporary subdivision tract offices, building yards, and tract signs, for a period not to exceed six (6) months after completion of construction of the tract.

6. Rooming houses and boarding homes of no more than one (1) person in R-1 zones and no more than two (2) persons in R-2, R-3, and R-4 zones.

7. Other uses listed in Section 20.28.020.C and 20.28.020.D.

8. Underground public utility distribution and transmission lines.

B. Development Standards.

1. The maximum height and minimum setbacks for accessory structures in residential zoning districts shall be as specified in Table 20.28-1 and as shown in Figure 20.28-1.

2. Accessory structures shall be subject to all other development standards that apply to primary structures in the applicable zoning district.

Table 20.28-1 Height and Setback Standards for Residential Accessory Structures

Notes:

[1] Five (5) feet minimum for garages off an alley or any accessory structure exceeding one hundred twenty (120) square feet.

Figure 20.28-1 Development Standards for Residential Accessory Structures [Figure: Figure 20.28-1 Development Standards for Residential Accessory Structures]

C. Habitable Accessory Structures.

1. Rear Dwellings.

a. An accessory structure to the rear of a primary structure on the same lot shall be used for residential purposes only if it conforms to all the lot area, setback, open space, and off-street parking requirements within the applicable zoning district.

b. Vehicle access to all such rear dwellings shall be provided by a driveway with a minimum width of ten (10) feet for lots with two (2) dwelling units and twenty (20) feet for lots with three (3) or more dwelling units.

2. Dwelling Units over Garages. Accessory structures with a dwelling unit above a ground floor garage shall be set back a minimum of three (3) feet from a rear property line abutting an alley with the garage itself requiring a minimum setback of five (5) feet.

3. Guest Houses.

a. Guest houses or detached servants' quarters shall be located on the rear half of the lot.

b. No kitchen facilities shall be permitted and no plumbing or utilities shall be allowed except for heating, air conditioning, and the discharge of wastes from a toilet or bathroom.

D. Swimming Pools.

1. Swimming pools shall be set back a minimum of five (5) feet from all property lines, unless otherwise allowed under the building code.

2. Fences, barriers, and pool equipment storage areas for swimming pools shall be provided as required by the building code and state law.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Accessory structures in nonresidential zoning districts are subject to the same development standards (e.g., height and setbacks) as primary structures in each zoning district. Accessory structures in nonresidential zoning districts shall be limited to those structures needed to support the primary structure or land use on the site, including, but not limited to, off-street parking facilities, storage buildings, equipment buildings, utility buildings, etc., subject to the discretion of the director of development services.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)