17-7-2.8 Unoccupied accessory structure and external accessory dwelling unit standards.
An unoccupied accessory structure or an external accessory dwelling unit shall meet the following development standards:
A. Proximity. An unoccupied accessory structure or an EADU must be located at least six feet from the main building.
B. Location. An unoccupied accessory structure or an EADU must be located in either the rear or side yard. An exception for corner lots is provided in subsection (I) of this section.
C. Setbacks. An unoccupied accessory structure or an EADU, including eaves, must be a minimum of two feet from the rear and side lot lines; provided, however, that no minimum setback shall be required when all of the following conditions are met: (1) the building contains no openings on the side contiguous to the lot line, (2) no drainage from the roof will be discharged onto an adjacent lot, (3) the building shall have fire resistive walls rated at one hour or more, and (4) the building will not be placed on land designated as a utility easement. All construction must be done in accordance with the building code.
D. Height. The height of an unoccupied accessory structure or an EADU may not exceed twenty feet to the midpoint for a sloped roof and sixteen feet to the cornice for a flat roof.
E. Stories. An unoccupied accessory structure or an EADU may range from one to one and one-half stories.
F. Building Area. The maximum cumulative building area of all unoccupied accessory structures and an EADU is the larger of nine hundred square feet or thirteen percent of the lot area.
G. Utilities. An unoccupied accessory structure or an EADU may not have a separate electrical service, gas service, sewer service or water service.
H. Maintenance. It is the responsibility of the property owner to ensure the setback area between an unoccupied accessory structure or an EADU and the property line remains free of weeds, junk and debris.
I. Corner Lot Exception. An unoccupied accessory structure, but not an EADU, may be allowed where one front yard functions as a side yard. On these lots, an unoccupied accessory structure or and EADU shall be permitted to encroach within the required front yard subject to the following requirements:
1. An unoccupied accessory structure may be allowed within one front yard, opposite of the front yard associated with the structural front entrance location.
2. An unoccupied accessory structure, including eaves, must be a minimum of two feet from all property lines, subject to the following:
a. The unoccupied accessory structure must be located behind a minimum six-foot, solid, sight-obscuring fence and the initial height shall correlate with the adjacent fencing height. Said fence shall comply with all fencing requirements in Section 17-7-2.5.
b. If a non-sight-obscuring fence is existing, proposed to be constructed, or if no fencing is present, the unoccupied accessory structure, including eaves, must be a minimum of eight feet from all property lines and the initial height shall not exceed eight feet.
c. For every two feet an unoccupied accessory structure is set back from the identified property line or fence line, the accessory structure may extend an additional one foot in height, not to exceed a maximum of twenty feet.
3. The maximum area of an unoccupied accessory structure shall be one hundred square feet.
4. All construction must be done in accordance with the building code.
5. An unoccupied accessory structure must be located at least six feet from the main building.
J. Number of Unoccupied Accessory Structures. Multiple unoccupied accessory structures are permitted on each property so long as each unoccupied accessory structure meets the requirements of this section. (Ord. 2022-19 § 1 (Att. A); Ord. 2022-03A § 1 (Att. B); Ord. 2021-19 § 1 (Att. A); Ord. 2017-03 § 1 (Att. A (part)); Ord. 5/4/2010O-3 § 1 (Att. A (part)); Ord. 7/11/2006O-10 § 1 (Exh. B (part)); Ord. 11-13-2001 § 2 (part). Formerly 17-7-2.9)