Mountain View Municipal Code § 36.12.35 Residential accessory uses and structures

When permitted in the zoning district applicable to a site (see Section 36.10.05, Land Uses and Permit Requirements by Residential Zone), specific residential accessory uses are subject to the provisions of this section. Residential accessory uses and structures include any use or structure that is customarily related to a residence, including, but not limited to, swimming pool structures, workshops, studios, storage sheds, greenhouses, garages, gazebos, arbors and fences.

(Ord. No. 18.13, § 1, 12/10/13.)

All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this chapter for specific uses.

a. Relationship of accessory use to principal use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the principal use.

b. Attached structures. If an accessory structure is attached to a principal structure, it shall be architecturally compatible with, and made structurally a part of the principal structure. It shall also comply with all the requirements of this chapter applicable to the principal structure, including setback standards for the principal structure and all applicable building and fire codes.

c. Kitchens. Accessory structures are not to be used as separate dwelling units and kitchens are not allowed.

(Ord. No. 18.13, § 1, 12/10/13.)

Multiple-family; townhouse; rowhouse; and small-lot, single-family developments proposed with individual unit ownership and a homeowners' association, and existing projects of the same type that are proposed for alteration, shall require approval through the development review process (Section 36.44.45) of an overall plan for all site improvements (e.g., decks, fences, arbors, hot tubs and spas, gazebos, etc.). The construction of site improvements in compliance with the approved plan are subject to design review and may require building permit approval. In the case of proposed changes to an existing project, the plan shall be approved by the homeowners association before submittal to the community development department.

(Ord. No. 18.13, § 1, 12/10/13.)

The following standards, in addition to those in Section 36.12.40, shall apply to detached accessory structures in the R1 and R2 zoning districts:

a. Location: Allowed to the rear or side of the principal structure, prohibited in the front setback, and subject to special setback requirements as listed in this section.

b. Maximum lot coverage: All accessory structure(s) shall not cumulatively cover more than thirty (30) percent of the required rear yard, excluding accessory structures less than five (5) feet in height which shall not count toward lot coverage. Any roof eaves greater than one (1) foot in depth on an accessory structure shall count toward lot coverage.

c. Maximum size: An accessory structure cannot cover more than a maximum of five hundred (500) square feet of area. Depending on the size of the required rear yard of a property, the maximum size of an accessory structure may be less than five hundred (500) square feet in accordance with the maximum rear yard coverage.

d. Floor area: Enclosed accessory structures shall count toward the total floor area for the lot. Open accessory structures shall not count toward the total floor area for the lot.

e. Maximum height: An accessory structure shall have a one (1) story limit with a total building height of sixteen (16) feet and a nine (9) foot wall plate measured from the adjacent grade.

f. Separation from structure(s): An accessory structure shall be set back ten (10) feet from the principal structure and any other accessory structure on-site, excluding accessory structures less than five (5) feet in height and open accessory structures, which shall have no minimum separation between structures.

g. Side setback: Accessory structures located entirely within the required rear yard may be reduced to a zero (0) foot setback from side property line(s); otherwise, a minimum seven (7) foot setback to side property line(s) is required. Detached garages may have a zero (0) foot setback from side property line(s) whether or not it is located within the required rear yard. In no case shall an accessory structure be located less than five (5) feet from a street side property line.

h. Rear setback and building width: The minimum rear setback for all accessory structures is seven (7) feet. If the cumulative width of all accessory structures in, or partially in, the required rear yard is less than thirty-three (33) percent of the width of the lot, then the minimum rear setback for these structures can be reduced to zero (0) feet. In no case shall the maximum cumulative width of accessory structures in, or partially in, the required rear yard exceed fifty (50) percent of the width of the lot.

i. Cooking and smoke-producing facilities. Any accessory structure which includes cooking or smoke-producing components, such as barbecues, fire pits, chimneys and outdoor kitchens, shall maintain a minimum five (5) foot setback from all side and rear property lines.

j. Eaves. All accessory structures are allowed up to one (1) foot roof eaves, which does not count toward lot coverage, so long as the eaves do not extend beyond the property line and comply with the roof drainage requirement.

k. Roof drainage: All allowances for zero (0) foot setback listed above are conditioned on the requirement that in no case shall roof drainage of an accessory structure drain onto a neighboring property.

l. Maximum number of plumbing fixtures: Three (3), not including water heater fixtures.

m. Building and fire codes. All accessory structures must comply with building and fire codes.

(Ord. No. 18.13, § 1, 12/10/13.)

a. Antennas. Antennas are subject to the provisions of Sec. 36.28.25.

b. Garage/yard sales. The sale of miscellaneous items by residents from a yard or open garage is permitted up to four (4) times per year per property, for a maximum of three (3) days per sale.

c. Home occupations. Home occupations are subject to the requirements of Sec. 36.28.75.

d. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are permitted accessory to approved residential uses on the same site, subject to the following provisions:

1. Limitation on use. The pool is to be used solely by occupants of the dwelling(s) on the same site and their guests;

2. Setbacks. At least five (5) feet from any property line, for the pool/spa/tub, three (3) feet for related equipment; and

3. Fencing. The swimming pool shall be secured by fencing and/or building walls to prevent uncontrolled access by children, in compliance with the building code (Chapter 8).

e. Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements:

1. Fencing. Shall be subject to height limits approved by the zoning administrator; and

2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property.

f. Vehicle storage. The storage of vehicles, including incidental restoration and repair, is subject to Sec. 25.4.j, Chapter 19, Article IX (Vehicle Parking and Storage in Residential Areas) and Chapter 39 of the City Code (Vehicles Abandoned, Wrecked, Dismantled or Inoperative).

g. Animal Keeping. The keeping of dogs, cats and small animals (for noncommercial purposes) in residential zoning districts is allowable subject to the provisions of Chapter 5 of the City Code.

h. Mechanical equipment. Mechanical equipment, including, but not limited to, air conditioner units, can encroach into the required side or rear yard setback, but must be at least three (3) feet from the property line. No mechanical equipment can be located within the front yard setback or be visible from the public street. Mechanical equipment may be located in a street side yard setback, but must be within a fenced yard consistent with fence setback requirements and traffic safety visibility area(s).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 20.19, § 5, 12/10/19.)