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a. Purpose and Intent. The purpose of this section is to establish regulations for the development of accessory structures, other than accessory dwelling units and guest quarters, such as a garage, storage shed or shop, approved as an accessory use based on the following criteria:

1. Regulations on accessory structures are established to provide a distinction between nonhabitable accessory structures (e.g., garage, storage shed, shop building) and accessory living spaces (e.g., accessory dwelling units, guest quarters, office, pool house, etc.). These regulations establish standards which prevent the conversion of accessory structures into unpermitted living space to ensure that such structures are not used as separate dwelling units.

2. Unpermitted conversion of accessory structures is detrimental to the public health, safety and welfare of the community.

b. General Requirements – Accessory Structures. Accessory structures are located upon the same site as the structure or use to which they are accessory. Accessory structures shall be subject to the following requirements. The Director may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.

1. Accessory Structure Use and Size. Accessory structures may consist of detached structures or additions to primary structures. The use of an accessory structure is incidental and subordinate to the use of the principal structure or to the principal land use of the site.

2. This section does not apply to legally established dwellings or accessory dwelling units and guest quarters.

3. This section does not apply to legally established accessory structures permitted prior to the effective date of the ordinance codified in this chapter.

4. Accessory structures shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc.

5. No Kitchen Facilities. Kitchens may not be installed and plumbing shall be provided for bathroom use only.

6. Design Review Required. All requests shall be reviewed for consistency with the City’s Design Review Manual in accordance with Article 18-33. The Director shall determine, upon receiving a complete application, whether the project shall be forwarded to the Design Review Committee for review.

7. Owner’s Agreement with the City. Prior to the issuance of construction permits, the Director may require that a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as an “accessory structure” which cannot contain living space, including bathing facilities or a kitchen. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for annual inspections and to allow the City, upon reasonable time and notice, to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. (Ord. #248-2020, S2 (Exh. A))