Chapter 17.30 — ACCESSORY STRUCTURES

17.30.010 PURPOSE. ¶

This chapter defines detached accessory structures on private property and establishes development standards for nonexempt structures. The purpose of this chapter is to protect public health, safety and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space. (Ord. 2010-02 § 1 (part), 2010)

17.30.020 APPLICABILITY. ¶

The requirements contained in this chapter shall apply to accessory structures on private property and shall be in addition to any other development standards contained elsewhere within the Zoning Code (e.g., lighting). Generally, this chapter regulates detached accessory structures that are larger than one hundred and twenty (120) square feet in size and/or taller than eight (8) feet in height. For the purposes of this title, accessory dwelling units are not considered accessory structures; accessory dwelling units are governed by the requirements of Chapter 17.70 (Accessory Dwelling Units and Junior Accessory Dwelling Units) and are exempt from the requirements of this chapter. Accessory structures shall not contain cooking facilities or bathrooms or be used as a dwelling unit or accessory dwelling unit. Guest houses and pool houses that conform to the requirements of this chapter are considered accessory structures and not accessory dwelling units. (Ord. 2020-04 § 2, 2020; Ord. 2010- 02 § 1 (part), 2010)

17.30.030 PERMIT REQUIREMENTS AND EXEMPTIONS. ¶

A. Permit Requirements. Except as otherwise exempt in Section 17.70.030B, accessory structures located in single-family and two (2)family zoning districts require plan check as described in Section 17.12.030 (Plan Check). When located in multi-family, mixed-use, and non-residential zoning districts, non-exempt accessory structures require comprehensive design review as described in Section 17.12.150 (Comprehensive Design Review).

B. Exemptions. The following accessory structures are exempt from planning entitlements provided they comply with listed requirements. Exempt accessory structures may require ministerial building permits in keeping with the uniform building codes adopted by the City of Pinole.

Enclosed and/or solid-roofed accessory structures that are less than one hundred and twenty (120) square feet in size with no portion of the structure equal to or greater than eight (8) feet in height and subject to compliance with the following requirements.

a. Accessory structures shall not be located in a required front yard.

b. In order to maintain necessary fire breaks, all combustible accessory structures shall be set back a minimum of three (3) feet from side and rear property lines with a minimum six (6)-foot separation between any structures.

Landscape features that are less than one hundred and twenty (120) square feet in size with no portion of the feature equal to or greater than eight (8) feet in height and subject to compliance with the following requirement.

a. In order to maintain necessary fire breaks, combustible landscape features shall be set back a minimum of three (3) feet from all interior property lines with a minimum six (6)-foot separation between any structures.

Play equipment. Structures and surfaces used for recreational purposes including play structures, jungle gyms, and non-illuminated sports courts such as tennis and basketball courts.
Deck/patio. A detached porch or platform that is generally constructed with wood, concrete or stone that is above the grade or located over a basement or story below.
Pool/spa. Any structure intended for swimming or recreational bathing. Swimming pool includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non-portable wading pools.
Consistent with Chapter 17.72, solar facilities are exempt from regulations such as setback, size, and location unless the Building Official has determined that the placement therein will have a specific adverse impact upon the public health or safety, as defined in state law. (Ord. 2010-02 § 1 (part), 2010)

17.30.040 DEVELOPMENT STANDARDS. ¶

A. Development Standards for All Accessory Structures. The development standards listed in Table 17.30.040-1 (Development Standards for Accessory Structures) are intended to supplement the requirements in the applicable zoning district for types of accessory structures as

defined in Article VI (Glossary) of this title. Figure 17.30.040-1 shows minimum setback measurements for a typical detached accessory structure. In the event of a conflict between these requirements and the underlying zoning district regulations, the requirements of this Section shall apply. The following requirements shall apply to all accessory structures, both exempt and nonexempt under Section 17.20.030.

Setback measurement. Minimum setback distances for accessory structures from property lines and between all structures shall include all portions of the structure(s) (e.g., overhangs, projections, railings) for the purpose of compliance with minimum structural fire breaks. See Figure 17.30.040-1 (Setback Measurements for Accessory Structures).
Construction phasing. Accessory structures may be constructed in conjunction with or subsequent to (but not in advance of) construction of the primary building(s) on the site. Exceptions may be granted in agricultural and residential zoning districts where accessory structures may be constructed prior to the primary residential dwelling.

Figure 17.30.040-1 Setback Measurements for Accessory Structures

TABLE 17.30.040-1

DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES

Accessory Structure (Type)	Minimum Setback Distance from Property Line or Other Structures	Minimum Setback Distance from Property Line or Other Structures	Minimum Setback Distance from Property Line or Other Structures	Minimum Setback Distance from Property Line or Other Structures	Minimum Setback Distance from Property Line or Other Structures	Maximum Cumulative Lot Coverage	Maximum Height	Maximum Number or Yard Area Ratio
	Front	Rear	Side	Other Accessory Structures	Primary Building
Enclosed Solid Roof Building	Not permitted	5 ft.(1)	5 ft.(1), (2)	6 ft.	0 ft. (1),(3)	50% required yard area	15 ft.	1 or 1 per 1200 sq. ft. yard area, whichever is greater
Landscape Features	No minimum	3 ft.	10 ft.	6 ft.	No minimum	Not applicable	16 ft.	1 or 1 per 400 sq. ft. yard area, whichever is greater
Pools/spas	Not permitted	5 ft.(4)	5 ft.(4)	5 ft.	5 ft. (4)	50% required yard area	5 ft.	2 or 1 per 900 sq. ft. rear yard area, whichever is greater

(1) Accessory buildings not exceeding fifteen (15) feet in height at the highest point may be built within five (5) feet to the side and/or rear property line, provided that the accessory structure is not less than six (6) feet in distance from the primary building on the parcel.

(2) For reverse corner lots, the street side yard setback shall be the same as the front yard setback for the adjacent key lot. See Figure 17.42.030-1

(3) No minimum setback required for attached accessory buildings. Accessory buildings may be attached to and have a common wall with the main building or, when located as required by this chapter, may be connected to the main building by a breezeway.

(4) Measurement from water's edge. Related equipment shall be set back a minimum of three (3) feet from all side and rear property lines. (Ord. 2010-02 § 1 (part), 2010)