Portola Municipal Code § 17.34.030 Accessory structures

The purpose of these provisions is to specify the uses that are permitted as accessory to the primary uses in the zone districts, and to establish the regulations that apply to accessory structures.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Accessory Uses Encompassed by Primary Use. In addition to the primary uses expressly included in a use classification, each use classification shall be deemed to include such accessory uses which are specifically identified by these regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary uses. It shall be the responsibility of the director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary use, based on the director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the primary uses and the relationship between the proposed accessory use and the primary use. Determinations by the director shall be subject to appeal pursuant to Chapter 17.91, and a record of all such determinations shall be maintained by the director.

B. Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the primary uses within each use classification, except as otherwise expressly provided by these regulations.

C. Outdoor Storage Defined. For the purposes of this section, outdoor storage means the physical presence of any personal property not fully enclosed within a structure that is not necessarily and customarily associated with the primary use of the lot.

1. Outdoor storage includes, but is not limited to:

a. A "junk yard" as defined in Section 17.106.030;

b. Junk, imported waste, and discarded or salvaged materials;

c. Dismantled vehicles and vehicle parts;

d. New building materials and supplies for any project for which no building permit has been issued;

e. New or used furniture or appliances;

f. Other miscellaneous personal property not excluded by subsection C.2 of this section.

2. Outdoor storage does not include the following:

a. The parking or storing for personal, non-commercial use, of operable and registered vehicles and boats, off-highway vehicles, snowmobiles, and personal watercraft; and

b. The storage of residential building materials and supplies which are needed to construct a project on the parcel for which a building permit has been issued; and

c. Firewood for personal, non-commercial use.

D. Permitted Accessory Uses for a Dwelling Use Type.

1. Home occupation, as permitted in Chapter 17.55.

2. Garage/yard sales, with the following limitations:

a. Three sales per calendar year at the same address;

b. Not to exceed three calendar days per event; and

c. As otherwise regulated in Section 17.64.030.A.3 as a temporary use.

3. Outdoor storage, provided that:

a. All outdoor storage in residential zones, including shipping containers where permitted, shall be screened on all sides through a combination of building design, dense landscaping at least six-foot high, and/or other solid screening material (i.e., siding, fencing). Outdoor storage that is not completely screened, as determined by the director, is not permitted;

b. Outdoor storage on an undeveloped lot is not permitted, unless the undeveloped lot is adjacent to a developed lot under the same ownership and the outdoor storage is considered to be accessory to the primary use of the developed parcel.

4. Shipping containers on residential lots greater than six thousand square feet, as long as the lot meets the residential zone general development standards established in Section 17.16.030.

5. Off-street parking areas and parking structures for use by persons living, or visiting the premises.

6. Parking for oversize vehicles in accordance with Section 10.40.087.

7. Repair and maintenance of automobiles or other vehicles if work is being done on a vehicle registered to a resident of the premises, of not more than one automobile or other vehicle at a time if work is being done on a vehicle registered to someone other than a resident of the premises. Notwithstanding the above, repair or maintenance of any tractor-trucks or semi-trucks is not permitted in any residential zone district.

8. Rental and sales offices for the leasing and sales of units located in the same apartment or condominium complex.

E. Permitted Accessory Uses for Schools, Community Assembly, and Community Services Use Types.

1. Recycling collection center for collection of newspapers only, by nonprofit organizations, when operated in conformance with Chapter 17.67 (Recycling Collection Centers).

2. Fundraising sales and events.

3. Outdoor storage, provided that:

a. All outdoor storage for school, community assembly, and community services use types, including shipping containers, shall be screened from public view through a combination of building design, landscaping and berming, location, and/or other solid screening material (i.e., siding, fencing). Outdoor storage that is not completely screened, as determined by the director, is not permitted;

b. Outdoor storage on an undeveloped lot is not permitted, unless the undeveloped lot is adjacent to a developed lot under the same ownership and the outdoor storage is considered to be accessory to the primary use of the developed parcel.

4. Parking for oversize vehicles in accordance with Section 10.40.087.

F. Permitted Accessory Uses for Commercial and Industrial Use Types.

1. Automatic teller machine.

2. Cafeteria, delicatessen, and food vending with an area of less than one thousand square feet.

3. Fleet storage of company owned vehicles within a parking lot.

4. Open air vending facilities, as permitted by Chapter 17.50, provided that an administrative permit has been obtained.

5. Outdoor storage, provided that:

a. All outdoor storage in commercial zones, including shipping containers, shall be screened from public view through a combination of building design, landscaping and berming, location, and/or other solid screening material (i.e., siding, fencing). Any outdoor storage that is not completely screened, as determined by the director, is subject to a conditional use permit;

b. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts except where authorized by an automobile, trailer, airplane, or boat sales business in commercial zones.

c. Outdoor storage on an undeveloped lot is not permitted, unless the undeveloped lot is adjacent to a developed lot under the same ownership and the outdoor storage is considered to be accessory to the primary use of the developed parcel.

6. Parking for oversize vehicles in accordance with Section 10.40.087.

7. Recreational facilities (indoors or outdoors) for use of employees. Such facilities include, but are not limited to: basketball courts, ballfields, putting greens and volleyball courts.

8. Recycling collection center, as permitted by Chapter 17.67.

G. Prohibited Accessory Uses Within All Zone Districts and Use Types.

1. Outdoor storage as defined in this section shall not be visible from any public right-of-way, except that outdoor storage of materials and equipment may be permitted consistent with the use types and permit requirements of this title.

2. Outdoor storage shall not be permitted as a primary use on any parcel in all zones.

3. Vehicles for Sale. No vehicles or boats shall be stored or displayed for sale on any undeveloped parcel or on any property zoned for commercial or industrial uses except where authorized for automobile sales pursuant to this title.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

A. Accessory Structures Included With Permitted Uses. In addition to the primary structures associated with permitted uses, each use classification shall be deemed to include such accessory structures which are specifically identified by these regulations, and such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such primary structures.

1. It shall be the responsibility of the director to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the primary structure, based on the director's evaluation of whether the proposed accessory structure is necessary or customarily associated with the use for which the development was constructed. Determinations by the director shall be subject to appeal pursuant to Chapter 17.91, and a record of all such determinations shall be maintained by the director.

2. All accessory structures shall be located in compliance with all other applicable requirements of the zone district in which they are located and any other permits required.

3. All accessory structures shall maintain the following required setbacks, unless reviewed and approved by the planning commission, as described below in Section 17.34.030.A.4: front setback = twenty feet; side setback = ten feet if adjacent to the edge of a publicly or privately maintained street, right-of-way, and/or sidewalk, or five feet for an interior lot; rear setback = ten feet. All measurements shall be measured from the back of a publicly or privately maintained street and/or sidewalk or public right-of-way, or property line in the case of side setbacks for interior lots or rear setbacks where there is no public right-of-way adjacent to the rear of the property. However, it should be noted that in certain cases, the city's right-of-way may extend further than a street or sidewalk. In these cases, the city maintains its property rights over such right-of-way and all rights and privileges included therein. The property owner is required to verify the public right-of-way prior to any construction activity.

4. A property owner may request that the planning commission modify the required setbacks for all accessory structures if site limitations make it unreasonable or impractical to maintain such setbacks in accordance with the standards of this chapter. A request for modification of the required setbacks shall be accompanied by a site plan that demonstrates the subject property, adjacent parcels and right-of-way, and proposed location of the accessory structure. The site plan shall be drawn to scale.

B. Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the primary structures within each zoning district, except as otherwise expressly provided by these regulations. Accessory structures may be established concurrently or following the construction of a primary structure.

C. Permitted Accessory Structures to Dwelling Use Type (Single-Family and Two-Family).

1. Attached and detached garages and carports.

a. Carports shall meet the following requirements:

i. Snow load of eighty pounds per square foot.

ii. Wind speed of seventy miles per hour.

iii. Temporary carports may be sited anywhere on the property such that there is no snow shedding onto adjacent property or public right-of-way.

iv. Applicant shall submit a set of plans to the building department that demonstrates all requirements are met.

2. Decks. Uncovered decks under thirty inches in height are permitted anywhere on a parcel, provided, however, that all required setbacks are maintained, unless reviewed and approved by the planning commission. Any deck which is thirty inches or taller in height, as measured from the pad grade of the parcel at the foundation of the house and maintaining a level plane to the highest point of the deck sheathing, shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4), and shall be located consistent with residential clear vision triangle requirements of Section 17.16.030.B.

3. Shade structures, including attached or detached shade structures, covered patios or gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a. The structure shall not enclose any area equal to or greater than twenty percent on any side not attached to the residence;

b. The structure shall not be constructed of materials which would create a year-round livable area;

c. The structure shall not exceed fifteen feet in height; and

d. The structure shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

[Figure: 17-34-030a]

4. Buildings or structures less than one hundred twenty square feet and:

a. Less than seven feet in height.

i. General. Detached buildings or structures less than or equal to one hundred twenty square feet in floor area and less than seven feet in height may be located anywhere within a parcel, but shall maintain all required setbacks.

[Figure: 17-34-030b]

b. Greater than seven feet in height, and:

i. The maximum height is fifteen feet and one story;

ii. All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4);

iii. Twelve and one-half feet from the back of sidewalk or edge of right-of-way on corner lots; and

iv. For each foot in height above ten feet, the required setback shall be increased by one foot.

5. Building(s) or structure(s) greater than one hundred twenty square feet. Accessory buildings or structures located on the same lot that individually or cumulatively are equal to or greater than one hundred twenty square feet in floor area are subject to the following requirements:

a. General.

i. All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

ii. A maximum of seven hundred square feet of detached building(s) or structure(s) is permitted on the same lot. Additional square footage of detached accessory building(s) or structure(s), in excess of seven hundred square feet, may be permitted upon approval of a conditional use permit.

iii. A minimum six-foot separation shall be maintained from any other building or structure located on the same lot.

iv. An extension of the main building or accessory building roof (e.g., a breezeway) may connect the accessory building to the primary building, but it shall not be considered part of (attached to) the main (primary) building. The breezeway and accessory building must maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4). In addition, any accessory structure located less than six feet from a primary building shall be considered attached to (and part of) the primary building for purposes of this article.

v. Additions to primary structures that exceed seven hundred square feet in area may be permitted upon approval of a conditional use permit, which may include a public hearing as provided in Sections 17.82.010 and 17.88.020.

b. For buildings greater than seven feet in height, the following shall apply:

i. The maximum height is fifteen feet and one story;

ii. All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4);

iii. Twelve and one-half feet from the back of sidewalk or edge of right-of-way on corner lots; and

iv. For each foot in height above ten feet, the required setback, except for the front yard setback, shall be increased by one foot.

c. For buildings less than or equal to seven feet in height, the following setbacks shall be maintained:

i. All required setbacks shall be maintained, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

6. Fences and Walls. A maximum six-foot high fence (including lattice and similar attachments) or wall, may be located anywhere on a parcel consistent with the following requirements:

a. The maximum height shall be reduced as follows in each situation listed below:

i. Within a residential clear vision triangle, the maximum height shall be reduced to thirty-six inches in height (see definition);

ii. Within a required front setback, the maximum height shall be reduced to four feet in height outside the clear vision triangle; or

iii. Within five feet of the back of the publicly or privately maintained sidewalk or in the absence of a sidewalk the back of the street or right-of-way of a street-side for a corner lot or within ten feet of the back of the publicly or privately maintained sidewalk, street, or right-of-way of a street-side for a corner lot adjacent to a key lot, the maximum height shall be reduced to four feet in height outside the clear vision triangle.

[Figure: 17-34-030c]

b. A fence or wall that is adjacent to an alleyway may be constructed to a maximum height of six feet, including lattice and similar attachments.

c. When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.

d. The height of a fence or wall may be increased a maximum of two feet to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit pursuant to Section 17.82.010.A. Fences and walls in excess of eight feet may be permitted subject to the approval of a conditional use permit.

e. No fence or wall in a residential district may include security attachments that may cause bodily harm, including but not limited to, barbed wire, razor wire, electrified fencing, or other similar attachments.

f. The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

7. Flag poles. The pole may be maximum of thirty feet in height and shall maintain a minimum of ten-foot setback from any property line. Flagpoles shall be subject to review by the city building inspector who may require the flagpole to be engineered.

8. Security facilities. Including security gates and gate houses at a project entrance.

9. Antennas. Including HAM radio, radio and television receiving antennas subject to requirements of Chapter 17.52.

10. Children's play equipment. Including playsets, playhouses and tree houses.

11. Recreation facilities. Including recreation activity courts and facilities, swimming pools, spas and hot tubs.

12. Satellite dishes. Satellite dishes as allowed in Chapter 17.52.

13. Entry arbors. Entry arbors may be located within the required front yard setback provided they do not cover more than twenty-five square feet in area and do not exceed a height of ten feet.

D. Permitted Accessory Structures to Dwelling Use Type (Multi-family).

1. Carports, garages, bicycle lockers, and off-street parking areas.

a. Carports shall meet the following requirements:

i. Snow load of eighty pounds per square foot.

ii. Wind speed of seventy miles per hour.

iii. Temporary carports may be sited anywhere on the property such that there is no snow shedding onto adjacent property or public right-of-way.

iv. Applicant shall submit a set of plans to the building department that demonstrates all requirements are met.

2. Decks. Uncovered decks under thirty inches in height are permitted anywhere on a lot, provided however, that required setbacks are maintained unless reviewed and approved by the planning commission. Any deck of thirty inches or taller, as measured from the pad grade of the lot at the foundation of the dwelling and maintaining a level plane to the highest point of the deck sheathing, shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4) and shall be located consistent with residential clear vision triangle requirements of Section 17.16.030.B.

3. Shade structures, including attached or detached shade structures, covered patios, arbors, or gazebos. Such structures are not subject to any site coverage requirements but are subject to the following requirements:

a. The structure shall not enclose any area equal to or greater than twenty percent on any side not attached to the residence;

b. The structure shall not be constructed of materials that would create a year round livable area;

c. The structure shall not exceed fifteen feet in height; and

d. The structure shall maintain all required setbacks, unless reviewed and approved by the planning commission (Section 17.34.030.A.4).

4. Fences and Walls. A maximum six-foot high fence (including lattice and similar attachments) or wall, may be located anywhere on a parcel consistent with the following requirements:

a. The maximum height shall be reduced as follows in each situation listed below:

i. Within a residential clear vision triangle, the maximum height shall be reduced to thirty-six inches in height (see definition);

ii. Within a required front setback, the maximum height shall be reduced to four feet in height outside the clear vision triangle; or

iii. Within five feet of the back of the sidewalk or right-of-way of a street-side for a corner lot or within ten feet of the back of the sidewalk or right-of-way of a street-side for a corner lot adjacent to a key lot, the maximum height shall be reduced to four feet in height outside the clear vision triangle.

b. A fence or wall that is adjacent to an alley way may be constructed to a maximum height of six feet, including lattice and similar attachments.

c. When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along a common property line shall be determined by using the finished grade of the highest contiguous parcel.

d. The height of a fence or wall may be increased a maximum of two feet to provide for noise attenuation or buffering of adjacent land uses, subject to approval of an administrative permit pursuant to Section 17.82.010.A. Fences and walls in excess of eight feet may be permitted subject to the approval of a conditional use permit.

e. No fence or wall in a residential district may include security attachments that may cause bodily harm, including but not limited to, barbed wire, razor wire, electrified fencing, or other similar attachments.

f. The provisions of this section shall not apply to any fence or wall required by any law or regulation of the city or state.

5. Flag poles. The pole may be maximum of thirty feet in height and shall maintain a minimum of ten-foot setback from any property line and subject to review of city building inspector. Flagpoles shall be subject to review of the city building inspector who may require the flagpole to be engineered.

6. Security facilities. Including security gates and gate houses at a project entrance.

7. Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.52.

8. Recreation facilities. Including recreation activity courts and facilities, children's play equipment, swimming pools, spas and hot tubs.

9. Satellite dishes. Satellite dishes as allowed in Chapter 17.52.

10. Signs, as permitted by Chapter 17.76 of this code.

11. Transit facilities.

12. Trash enclosures and recycling facilities.

E. Permitted Accessory Structures to Commercial and Industrial Use Types.

1. Carports, garages, bicycle lockers, and off-street parking areas and structures.

a. Carports shall meet the following requirements:

i. Snow load of eighty pounds per square foot.

ii. Wind speed of seventy miles per hour.

iii. Temporary carports may be sited anywhere on the property such that there is no snow shedding onto adjacent property or public right-of-way.

iv. Applicant shall submit a set of plans to the building department that demonstrates all requirements are met.

2. Shade structures, including arbors and gazebos.

3. Detached enclosed storage.

4. Detached unenclosed storage buildings and pole buildings associated with the outdoor display of building materials, nursery stock, or other materials which are typically displayed outdoors or under a canopy.

5. Fences and walls, except that no fence or wall in excess of thirty-six inches in height may be located within a commercial clear vision triangle (see definition).

6. Flag poles. The pole may be maximum of thirty feet in height and shall maintain a minimum of ten-foot setback from any property line and city building inspector review. Flagpoles shall be subject to review of the city building inspector who may require the flagpole to be engineered.

7. Security facilities. Including security gates and gate houses at a project entrance.

8. Antennas. Including HAM radio, radio and television receiving antennas subject to the requirements of Chapter 17.52.

9. Recreation facilities. Including recreation activity courts and facilities for use by employees.

10. Satellite dishes. Satellite dishes as allowed in Chapter 17.52.

11. Signs, as permitted by Chapter 17.76 of this code.

12. Transit facilities.

13. Trash enclosures and recycling facilities.

F. Prohibited Accessory Structures Within All Use Types.

1. Fences. The use of security attachments that may cause bodily harm, including but not limited to, barbed wire, razor wire, electrified fencing, or similar attachments in conjunction with any fence, wall, or hedge, or by itself is prohibited, except in the following circumstances:

a. In a commercial or industrial district, for security purposes, where the security attachments (barbed wire, razor wire, electrified fencing, or similar attachments) are located a minimum of six feet above the ground;

b. Where required by any permit condition, law or regulation of the city or state.

(Ord. No. 352, § 1, 11-28-2018; Ord. 304 §§ 3, 4, 6, 2003; Ord. 289 § 2 (Exh. A (part)), 2002)