§ 19.70

This Chapter establishes the regulations and criteria that allow compatible accessory uses to be located within the various land use districts in conjunction with a primary use or incidental to the primary use on the same property. Unless otherwise provided, all accessory uses are subject to the same regulations as the primary use.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

The regulations and standards contained in this Chapter shall apply only to those structures and uses expressly identified in this Section and shall be in addition to any other development standards and regulations contained elsewhere in this Development Code. For the purposes of this Title, accessory dwelling units are not considered accessory structures; accessory dwelling units are governed by the requirements of Chapter 19.134 (Accessory Dwelling Units) and are exempt from the requirements of this Chapter.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

A.

All accessory structures, including those accessory structures identified in Section 19.70.040 (Exempt Accessory Structures), are subject to review through the same permit process required for the primary use. Where no permit is required, the accessory structure shall be reviewed through the Zoning Clearance process to ensure consistency with all applicable development standards.

B.

Accessory outdoor display is exempt from the requirement to obtain a permit where such display meets all standards of Section 19.70.080 (Accessory Outdoor Display).

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

The following accessory structures are exempt from the development standards of this Chapter.

A.

Play equipment that is no greater than eight feet in height.

B.

Decks or uncovered patios.

C.

Tennis courts.

D.

Pool accessories no greater than eight feet in height, excluding mechanical equipment.

E.

Water wells.

F.

Similar at-grade or below-grade structures.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

19.70.050 - Allowed Uses and Development Standards—General

A.

In addition to the accessory uses specifically provided for by this Section or elsewhere in the Development Code, each land use shall be deemed to include such other accessory uses which are necessarily and customarily associated with and are clearly incidental and subordinate to the land use. Whenever such accessory uses are questioned, it shall be the responsibility of the Community Development Director to determine if a proposed accessory use meets the criteria set forth in this Chapter.

B.

The combination of accessory structures and primary use structures shall not exceed the maximum lot coverage or floor area ratio (FAR) specified by the land use district.

C.

Permitted accessory structures shall be located on the same parcel as the primary use within the building envelope, except where expressly allowed.

D.

Seagoing cargo containers or similar storage facilities may be used for the purpose of temporary storage or containment of construction cleanup materials, subject to the following:

1.

Seagoing cargo containers or similar storage facilities may be located anywhere on the property, except in the clear sight triangles, during the duration of an active Building Permit.

2.

Such temporary storage devices must be removed within 30 days of Building Permit final or expiration.

3.

No permit is necessary for this type of use; however, the contractor is to inform the City of the intended use of these cargo containers and have the fact noted on other issued permit(s).

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

A.

Accessory Uses. The following uses shall be permitted as accessory uses to each single dwelling unit which is allowed:

1.

Guest Housing. Residential occupancy of a living unit, with no kitchen plumbing, located on the same parcel as the primary dwelling unit, but separated from it by at least ten feet. This housing is for use by the occupants or temporary guests of the occupants of the premises and is not to be rented or otherwise used as a separate dwelling, except as provided in Section 19.70.090 (Accessory Residential Dwellings). A maximum of one guest house shall be allowed per parcel.

2.

Accessory animal boarding, breeding, housing, lodging, sheltering or raising as specified by Chapter 19.102 (Animal Keeping).

B.

Accessory Structures. The following regulations shall apply to all accessory structures as specified:

1.

Architectural Compatibility. All accessory structures that enclose or shelter 120 square feet or more of floor area shall be required to be architecturally compatible with the main building(s) on site. Architectural compatibility shall be determined by similar architectural style and color.

2.

In the Single-Family Residential (RS) Districts, the cumulative total area of all accessory structures upon a recorded lot may not exceed 50 percent of the area of the main structure or 1,000 square feet, whichever is larger. Within the Rural Living (RL) Districts, the cumulative total area of all accessory buildings upon a recorded lot may not exceed 100 percent of the area of the main structure or 2,500 square feet, whichever is larger. An accessory dwelling unit as permitted under Chapter 19.134 (Accessory Dwelling Units) shall not be included within the cumulative total of allowed square footage for accessory structure(s).

3.

In the RS Districts, an accessory structure may not be higher than the height of the established primary use structure or 16 feet whichever is greater.

4.

In the RL Districts, accessory structures may be constructed up to the maximum height allowed within the land use district in which it is located, regardless of the height of the primary use structure..

5.

In the Multi-Family Residential (RM) District, the cumulative total area of all accessory structures upon a recorded lot may not exceed 50 percent of the cumulative total habitable area of all primary structures onsite containing a residential unit and shall be subject to the height, setback and lot coverage limitations of the RM Land Use District.

C.

Seagoing cargo containers and similar storage facilities may be permitted as permanent storage facilities on a lot containing a residence subject to the following conditions. A maximum of two cargo containers are permitted on any residentially zoned property.

1.

Approval of a Cargo Container Review Permit where it is demonstrated that the requested container(s) is to be located within the rear one-half of the lot and shall be screened from view of any public rights-of-ways or adjacent residential properties by residential structures, landforms or physical features of the lot, landscaping or opaque fencing of up to eight feet in height, with any visible remaining exterior portion of the container(s) painted in a manner compatible with the principal residence on-site.

2.

Screening shall be waived if the container(s) is/are completely encased within an on-site, stick-built skin and eaves, which are architecturally consistent with the primary residence on-site and are in compliance with the required setbacks for the zoning district.

3.

Containers shall be maintained in reasonable aesthetic condition at all times, as determined by the Community Development Director; shall not exceed 50 percent of the floor area of the primary residence

on-site, inclusive of all accessory structures; shall not be stacked one atop another; and shall not be used for habitation of persons or animals.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

19.70.070 - Allowed Uses and Development Standards—Commercial, Industrial, and Public

A.

Accessory Uses. The following uses shall be permitted as accessory uses to primary commercial, industrial, or public uses which are allowed by a land use district:

1.

Accessory residential dwellings as specified in Section 19.70.090 (Accessory Residential Dwellings).

2.

Accessory outdoor sales or display areas subject to the standards set forth in Section 19.70.080 (Accessory Outdoor Display).

B.

Accessory Structures. The following regulations shall apply to all accessory structures as specified:

1.

Permanent use of seagoing cargo containers and similar storage facilities may be used as accessory structures on lots designated for commercial or industrial uses and containing an existing use subject to the following conditions:

a.

Approval of a Site Plan Review where it is demonstrated that the requested containers) shall not be located within any required setback area, shall not be located closer than 50 feet to any public rights-of-way when located between the right-of-way and any structure on-site, and shall be screened from view of any property used for residential purposes and/or the public rights- of-way by on-site structures, landforms or physical features of the lot, landscaping or opaque fencing of up to 8 feet in height, wherein any visible remaining exterior portion of the containers) shall be painted in a color compatible with the primary use structure on-site.

b.

Screening shall be waived if the container(s) is/are completely encased within an on-site, stick- built skin and eaves, which are architecturally consistent with the primary structure on-site and are in compliance with the setbacks for the zoning district.

c.

Containers shall be maintained in a reasonable aesthetic conditional at all times, as determined by the Community Development Director; shall not exceed 500 square feet of container per acre of land; shall be not stacked one atop another; and shall not be used for habitation of persons or animals.

d.

No seagoing cargo container(s) shall be utilized for any purpose other than that directly associated with the primary activity on-site, nor shall the containers) be allowed to be rented, leased or hired for compensation of any means.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

The intent of this Section is to provide for the appropriate location and design of outdoor sales and display areas and to mitigate any adverse impacts that such uses may have on adjacent properties and rights-ofway.

A.

Accessory Outdoor Sales and Display Permitted. Outdoor sales and display shall be permitted as an accessory use only in commercial and industrial land use districts, subject to the following requirements:

1.

Outdoor sales and display shall only be permitted in an area not greater than 500 square feet or ten percent of the gross floor area of the ground floor of the building, whichever is less, and shall be located at least 50 feet from any residentially zoned property.

2.

Outdoor sales and display shall not be permitted within any required setback area, except as allowed under Subsection 19.70.080. A.4.

3.

Stacked items shall not exceed six feet in height. No material or display items shall be located within three feet of any building entry.

4.

Vending machines and accessory outdoor sales and display may be permitted outside of the building and within a required setback when located against and parallel to the building facade, extending up to 4 feet in depth from the building. These items shall count toward the total outdoor sales and display area permitted by this Section. Public telephones and mailboxes are excluded from these regulations.

5.

Outdoor sales and display of items shall be located on a permanent durable surface.

6.

No outdoor sales and display shall be allowed in areas set aside, required or designated for pedestrian walkways, drive aisles, driveways, maneuvering areas, emergency access ways, off- street parking or unloading/loading.

7.

Outdoor sales and display items may be located on sidewalks in the public right-of-way only if permitted in accordance with Chapter 19.55 (Sidewalk Vending). Outdoor sales and display items shall be permitted on privately owned walks or other areas intended for pedestrian movement provided an unobstructed, continuous path with a minimum four-foot width is maintained. Materials located at the edge of a pedestrian way adjacent to a driving aisle shall not extend more than ten feet without providing a break of not less than four feet in width to allow for unobstructed access onto the pedestrian way.

8.

Items for outdoor sale and display shall be completely screened from view from any abutting residentially zoned property.

9.

No outdoor sales, storage or display areas shall be located in the clear sight triangle as defined by this Code, or located in any manner that would restrict or limit adequate sight distances for interior or exterior vehicular movements.

10.

Any outdoor display or sale item located in a manner constituting a sign must conform to the appropriate sign ordinance or regulations.

11.

Outdoor sales and display shall only be accessory to a principal nonresidential use where such use conducts its activities within a completely enclosed building or group of buildings on the same property, shall be conducted by employees of the principal use, and shall be owned by the owner of the principal use and not a consignment operation or arrangement.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

The following dwelling is allowed as an accessory use to a primary agricultural, commercial, industrial or institutional use where such use demonstrates the need for on-site residency of one or more people to maintain, operate and/or secure the primary nonresidential land use on the property.

A.

Caretaker's Residence. Residential occupancy of a dwelling unit by the owners, operators or caretaker employed to maintain, operate or guard part or all of the property on which the caretaker dwelling is

located as an accessory use. The caretaker dwelling unit may be located either above the first floor or behind a primary use structure. Caretaker housing shall be processed in accordance with the permit requirements identified in the applicable land use district chapters contained in Article 2 of this Development Code.

(Ord. No. 319, § 4(Exh. A), 8-13-2024)

Chapter 19.72 - Affordable Housing Density Bonus[[1]]

Footnotes:

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Editor's note— Ord. No. 308, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.72., §§ 19.72.010—19.72.200, and enacted a new Ch. 19.72 as set out herein. The former Ch. 19.72 pertained to similar subject matter and derived from original codification.