Chapter 23.734 — Accessory Structures

This chapter defines detached accessory structures on residential properties and establishes development standards for nonexempt structures. The purpose of this chapter is to promote a positive aesthetic relationship between accessory structures and primary structures on a property, in addition to allowing a positive community impact through the reduction of impacts to light, air quality, drainage, or aesthetics on surrounding properties.

(Ord. 27-2008 § 1 (Exh. A § 4.12.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The regulations and standards contained in this chapter shall apply only to those uses expressly identified in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). Additions and attached structures to primary structures shall comply with RCMC § 23.704.030 . Specifically, this chapter covers those accessory uses within the residential uses land use category. Additional provisions related to accessory dwelling units are provided in RCMC § 23.901.060 , which may be attached or detached to the residential structure. (Ord. 27-2008 § 1 (Exh. A § 4.12.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Except as otherwise exempt below, the majority of accessory structures governed by this chapter shall go through a simple plan check (zoning certification) at the time a building permit is issued to ensure compliance with applicable regulations. The following structures shall be exempt from the requirements of this chapter as specified below and are subject to compliance with all other provisions of this title:

• A. Enclosed and/or solid-roofed accessory structures that are smaller than 120 square feet in size with no portion of the structure equal to or greater than eight feet in height. Structures shall not be located in a required front yard. Accessory structures shall be set back a minimum of three feet from side and rear property lines with a minimum six-foot separation between structures.

• B. Landscape features and play equipment that are smaller than 120 square feet in size with no portion of the structure equal to or greater than eight feet in height. Landscape features that exceed 120 square feet in size and greater than eight feet in height shall meet the accessory structure standards and setbacks. Landscape features shall be set back a minimum of three feet from all interior property lines with a minimum six-foot separation between structures.

  1. Landscape features shall be constructed with finished building materials e.g., wood, steel, wrought iron, brick, natural stone, or other forms of material acceptable to the approving authority.

(Ord. 27-2008 § 1 (Exh. A § 4.12.030); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B); Ord. 3-2019 § 5 (Exh. A))

Shipping containers, railroad containers, vehicles, and other similar container devices are not considered a residential accessory structure and are specifically titled as a nuisance in the city's Nuisance Code (RCMC § 16.18.401(A) , nuisance generally). A temporary use permit is allowed for pod containers as provided in RCMC § 23.922.030(A)(4). (Ord. 4-2017 § 3 (Exh. B))

• A. Development standards in this section are intended to supplement the standards in the underlying base zoning district for accessory structures. In the event of conflict between these standards and the underlying base zoning district regulations, the provisions of this section shall apply. In the event of conflict between these standards and the overlay zoning district regulations of Article 3 of this title, the overlay zoning district regulations shall apply.

• B. Accessory structures greater than 120 square feet in size shall not be allowed in residential zoned R-10, RD-15, RD-20, RD-25, RD-30, MDR, HDR, and RMH.

• C. Accessory structures must be constructed in conjunction with or subsequent to construction of the primary building(s) on the site.

• D. The appropriate approval authority may apply additional conditions to a use permit relative, but not limited, to dwelling size, location, access, and height, if special circumstances arise requiring such mitigation of anticipated adverse impacts to neighboring residences.

• (Formerly 23.734.050; Ord. 27-2008 § 1 (Exh. A § 4.12.050); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))

• A. Accessory structures less than 120 square feet shall be constructed of appropriate materials and colors of the residential neighborhood. Premanufactured kits that require assembly are exempt from this requirement.

• B. Accessory structures 120 square feet and over shall be architecturally compatible (e.g., similar in materials, colors, architectural details, façade treatments, etc.) and constructed of appropriate materials and colors of the residential neighborhood. Walls that are longer than 15 feet in length shall include doors, window, or architecture features that break up the wall.

• (Ord. 4-2017 § 3 (Exh. B); Ord. 5-2025 § 3 (Exh. A))

• A. Proposed structures must meet the development standards outlined in Table 23.734-1 (Development Standards for Accessory Structures); also see Figure 23.734-1 (Development Standards for Accessory Structures). Unless otherwise described in the table, all accessory structures must meet the setbacks in the General Accessory Structure category.

• B. Lots less than one-half acre in size: the total square footage of all accessory structures on a single parcel, except swimming pools, shall not exceed 30 percent of the habitable floor area of the primary residential dwelling on the same parcel. Landscape features are exempt from the total square footage of accessory structures.

• C. Lots one-half acre and greater in size: The total square footage of all accessory structures on a single parcel, except swimming pools, shall not exceed 50 percent of the habitable floor area of the primary residential dwelling on the same parcel. Landscape features are exempt from the total square footage of accessory structures.

• D. Not more than 30 percent of the required rear yard shall be occupied by all permitted structures. Landscape features are exempt from the 30 percent calculation.

• E. Accessory structures and swimming pools, spas, and pool equipment shall not be located within recorded public utility easement or public easement.

Front Yard

• F. On all lots, the accessory structures shall not be placed in front of the living area of the principal building.

• G. Swimming pools, spas, and pool equipment may not be located within the required front yard. Street Side Setback/Corner Lots

• H. The minimum setback distance shall be consistent with the primary structure underlying zoning district.

• I. Swimming pools, spas, and pool equipment may not be located within the required street side yard. Height of Accessory Structures

• J. Maximum structure height is 16 feet as indicated in Table 23.310-2 (Residential Zoning Districts Development Standards). Building Separation

• K. Detached accessory structures shall not be located closer than six feet from any structure.

• L. Any accessory structure located less than six feet from a primary building shall be considered attached to (and part of) the primary building (RCMC § 23.704.030(D)) .

• M. Swimming pools and spas shall not be located closer than three feet from the principal building and detached structure. The building official may approve setbacks of less than three feet with submitted structured engineered plans.

Figure 23.734-1: Development Standards for Accessory Structures

==> picture [481 x 348] intentionally omitted <==

(Ord. 4-2017 § 3 (Exh. B); Ord. 15-2023 § 3 (Exh. A); Ord. 5-2025 § 3 (Exh. A))

Chapter 23.737. Noise, Odor, And Vibration Performance Standards

The purpose of this chapter is to provide performance standards for all permanent and temporary land uses within the city relative to noise, odor, and vibration. The intent is to provide compatibility between neighboring land uses by minimizing various potential operational impacts.

(Ord. 27-2008 § 1 (Exh. A § 4.13.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The standards of this chapter apply to all new and existing land uses within the city, unless otherwise exempted. Existing uses shall not be modified in conflict with the provisions of this chapter.

(Ord. 27-2008 § 1 (Exh. A § 4.13.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

All uses shall comply with the noise standards set forth in the city's General Plan and the city's noise ordinance (Chapter 6.68 RCMC, Noise Control).

(Ord. 27-2008 § 1 (Exh. A § 4.13.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

• A. Odor. No obnoxious odors or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

• B. Particulate Matter and Air Contaminants. The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, gases, mist, odors, or particulate matter, or other air contaminants or combinations which exceed any local, state, or federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business either on site or abutting the subject site. Particulate matter shall not be discharged into the atmosphere in excess of the standards of the federal Environmental Protection Agency, the California Air Resources Board, or the Sacramento metropolitan air quality management district.

(Ord. 27-2008 § 1 (Exh. A § 4.13.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:

• A. Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities.

• B. Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endanger the comfort, repose, health, or peace of residents whose properties abut the property lines of the subject parcel.

• C. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels.

• D. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this section.

(Ord. 27-2008 § 1 (Exh. A § 4.13.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))