313-69
69.05 ACCESSORY DWELLING UNIT
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section includes provisions for the regulation of junior accessory dwelling units (JADUs) as defined in Section 313-145 and provision to allow a tiny house or moveable tiny house as defined in Sections 313-155 and 313-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
69.05.2 Accessory Dwelling Units Generally Permitted. In general, ADUs and JADUs are permitted without a public hearing in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the general provisions in subsection 313-69.05.3 are met, the ADU and/or JADU meets the development regulations and standards of subsection 313-69.05.4, and the exceptions in subsection 313-69.05.2.2 do not apply. As specified in the Principal Zones in Sections 313-2.1 through 313-7.3, ADUs are allowed in the RS, RM, R2, RA, AE, TC, and TPZ zones with a coastal development permit (CDP) as set forth below.
69.05.2.1 Coastal Development Permit Requirements for ADUs and JADUs. Coastal development permits (CDPs) are required for ADUs and JADUs if the ADU/JADU meets the definition of “development” under the California Public Resources Code Section 30106 and is not excluded from CDP requirements under the California Public Resources Code Section 30000 et seq., or the California Code of Regulations.
69.05.2.1.1In some cases, an ADU or JADU may require a special permit if located within the areas identified in Section 313-69.05.6, or when the ADU or JADU does not meet the criteria of subsection 313-69.05.4.6.
69.05.2.1.2Accessory dwelling units and junior accessory dwelling units (JADUs) as defined in Sections 313-136 and 313-145 that convert habitable space in a primary residence do not require a CDP unless the conversion involves alteration to the size of the residence, removal or replacement of major structural components, or the placement or erection of any solid material or structure on land, or unless a previously issued CDP requires a CDP or CDP amendment for any development on the lot.
69.05.2.1.3 ADUs and JADUs Allowed Without a Public Hearing. An ADU or JADU that requires a CDP does not require a public hearing. Notice must be given in accordance with Section 312-8, and final notice of the decision must be provided as described in Section 312-6.7.
69.05.2.2 Exceptions. ADUs and JADUs may be prohibited or may require a special permit in addition to a coastal development permit in certain designated areas as described in subsection 313-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in subsection 313-69.05.4.6 may still be permitted with a special permit subject to meeting requirements in subsection 313-69.05.6. If an earlier CDP issued for an existing structure indicates that future improvements would require a development permit, a CDP with public hearing is required.
69.05.2.3 Expedited Application Review. The County shall act on the building permit application for an accessory dwelling unit, and any associated CDP, within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot. If a permit application to create an ADU or JADU requires a special permit or a discretionary coastal development permit pursuant to subsection 313-69.05.6.1, action on the special permit and associated CDP may exceed the sixty (60) day time period.
69.05.3 General Provisions. The following provisions apply to ADUs and JADUs:
69.05.3.1 One (1) or More ADU Per Lot. In general, one (1) ADU is permitted per lot developed or proposed to be developed with a single-family dwelling, and two (2) ADUs are permitted with a multifamily dwelling. For AE lots sixty (60) acres or larger in size, an ADU unrestricted in size may be allowed instead of the allowed second residence. Configurations with more than one (1) ADU are allowed in residential, mixed use, and multifamily zones as described in subsection 313-69.05.3.8.
69.05.3.2 Ownership and Occupancy.
69.05.3.2.1 Ownership. An ADU or JADU shall not be sold separately from the principal dwelling, except that moveable tiny houses maybe be sold when removed from the lot; or where the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation, and the other conditions of California Government Code Section 65852.26 are met.
69.05.3.2.2 JADU Owner Occupancy. The owner of the single-family residence containing a JADU must reside in either the single-family residence or the JADU unless the owner is a governmental agency land trust, or housing organization.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. Neither the ADU nor the primary residence shall be rented for periods of thirty (30) days or less. Prior to obtaining a building permit for an ADU or JADU, a deed restriction approved by the County shall be recorded with the County Recorder’s office, which shall include the prohibition on the use of any dwelling for transient habitation.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from the existing or proposed principal residence and may be over a garage. An ADU may also be a tiny house as defined in Section 313-155; a moveable tiny house as defined in Section 313-148; or a manufactured home as defined in California Health and Safety Code Section 18007. A JADU may be constructed within the walls of a proposed or existing single-family residence, including within an attached garage or other enclosed use within the residence.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 313-107.1.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A tiny house as defined in Section 313-155 that meets all applicable building and development standards in this Code is deemed a permanent dwelling, and is allowed as an ADU. A moveable tiny house as defined in Section 313-148 that meets all applicable building and development standards in this Code, and meets the criteria in subsection 313-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other applicable development regulations and standards can be met for both units.
69.05.3.8 ADU and JADU Configurations Within Residential and Mixed Use Zones. Combinations of ADUs and JADUs may be permitted on the same lot within residential or mixed-use zones in the configurations listed below. A junior aecessory dwelling unit (JADU) is defined in Section 313-145.
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the existing or proposed space of a single-family dwelling, or the accessory unit is within the existing space of a single-family dwelling or accessory structure, and may include an expansion of no more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Section 313-145 and the other applicable sections of this chapter, including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One (1) detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family residence as described in subsection 313-69.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit shall be allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.9 Detached ADUs With Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs and as applicable to JADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in subsection 313-69.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of California Government Code Section 66000, except that it also includes fees specified in California Government Code Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection 313-69.05.3.8.1, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure, or does not meet conditions in subsection 313-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The accessory dwelling unit shall be on the same lot as the proposed or existing primary residence. Accessory dwelling units must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ, TC, or AE, the curtilage area for residences, ADUs, associated residential structures, driveways, utilities, and fire safety setbacks shall not exceed two (2) acres per parcel, or fifty percent (50%) of total acreage, whichever is smaller. Residences, ADUs, associated residential structures, driveways, and utilities shall be sited so as to minimize impacts to agriculturally related activities. ADUs are prohibited on prime soils on agricultural lands. Accessory dwelling units on timber lands shall not result in conversion to units of noncommercial size. All new detached accessory dwellings on agricultural land and timberlands shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total area of floor space of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.4 Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU or JADU shall not apply if the ADU or JADU is (1) located within one-half (1/2) mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs.
69.05.4.8 Services. The applicant shall provide evidence of adequate services to serve the accessory dwelling unit including water supply and sewage disposal.
69.05.4.9 Public Access. Accessory dwelling units shall not obstruct public access to and along the coast or public trails and shall conform to the Public Access Policies and Standards of the applicable Coastal Plan.
69.05.4.10 Visual Resources. Accessory dwelling units shall not significantly obstruct public views from any public road, trail, or public recreation area to and along the coast, and shall conform to the Visual Resource Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.11 Environmentally Sensitive Habitat Areas and Wetlands. All development associated with accessory dwelling units shall conform to the Natural Resources Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.12 Agricultural Lands. All development associated with accessory dwelling units shall be prohibited on prime agricultural soils and, where there are no prime soils, be sited so as to minimize impacts to the use of land for agriculturally related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.13 Timberlands. All development associated with accessory dwelling units shall be sited so as to minimize impacts to timber related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.14 Accessory Dwelling Units on Lots with Nonconforming Use or Structure. Accessory dwelling units may be approved on lots with nonconforming uses, structures, or support facilities; provided, that no greater degree of nonconformity is created and the ADU complies with all ESHA protection policies.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, movable tiny houses as defined in Section 313-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad.
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State-approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following:
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described in subsection 313-69.05.5.2.2.2.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Movable tiny houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable tiny houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 CA Residential Code Appendix Q Tiny Houses or other adopted alternatives, or both.
69.05.5.6 Design Standards. Movable tiny houses must comply with all requirements for detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, non-reflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A moveable tiny house need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area.
69.05.5.6.1 Locations with Potential Safety or Coastal Resource Impacts. Lots located in the ADU Special Permit Area are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, public safety conditions, and/or potentially raise coastal resource issues that may preclude construction of an ADU or JADU or which may require certain mitigation measures. An ADU or JADU may be prohibited or may require a special permit (or associated discretionary coastal development permit) if any of these conditions are present:
69.05.6.1.1Areas outside a Fire Protection District;
69.05.6.1.2Airport incompatibility. A special permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.1.3Areas of active or historic landslides; areas of potential liquefaction; or areas along a bluff or cliff where the proposed ADU is within the “area of demonstration of stability” as defined in the relevant Local Coastal Program.
69.05.6.1.4Flood and tsunami hazards, including areas subject to future sea level rise (SLR) with a seventy-five (75) year design life horizon as determined by the Planning Director based on the best available science consistent with the California Coastal Commission’s adopted 2018 SLR Policy Guidance (and any subsequent updates);
69.05.6.1.5Proximity within one thousand (1,000) feet of a toxic cleanup site as designated by California Department of Toxic Substances;
69.05.6.1.6Areas outside of water and sewer service area where there is a necessity to expand service or construct water wells or septic systems to serve the ADU or JADU;
69.05.6.1.7Parcels within Special Combining Zones that protect coastal resources, as mapped on the County’s GIS, including A: Archaeological Resource Area and Special Archaeological Resource Area for Shelter Cove; B: Beach and Dune areas; C: Coastal Resource Dependent; D: Design Review; E: Coastal Elk Habitat; R: Streams and Riparian Corridors; T: Transitional Agricultural Lands; and W: Coastal Wetland Areas Combining Zones.
69.05.6.2 Required Findings for Permits.
69.05.6.2.1On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions in subsection 313-69.05.6.1, an ADU or JADU may be allowed with a special permit/CDP only if (1) evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be adequately mitigated, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.2.2When an ADU or JADU does not meet the criteria of subsection 313-69.05.4.6, an ADU or JADU may be allowed with a special permit only if (1) the ADU or JADU is consistent with all other applicable provisions of this chapter, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.3 Hazardous Disclosure Requirements. Where an ADU or JADU would be located in an area listed in subsection 313-69.05.6.1.3 or in an area of future sea level rise (with a seventy-five (75) year horizon) as determined by the Planning Director pursuant to subsection 313-69.05.6.1.4, the record owner of the ADU or JADU shall be required to acknowledge and agree, and property owners, except public agencies, must also record a deed restriction against the property on which the ADU is located to acknowledge and agree: (1) that the ADU or JADU is located in a hazardous area, or an area that may become hazardous in the future; (2) to assume the risks of injury and damage from such hazards in connection with the permitted development; (3) that they have no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; (4) that sea level rise and related coastal hazards could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; and (5) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required pursuant to other applicable provisions of the Local Coastal Plan. The record owner of the ADU or JADU shall also provide notice to all occupants of the ADU or JADU of these specified acknowledgments.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.1 ACCESSORY STRUCTURES
(See also, Section 313-43.1, Accessory Uses.)
69.1.1 Purpose. The purpose of these provisions is to specify the buildings that are permitted as accessory to the permitted buildings in the principal zones, and to establish the regulations that apply to the permitted accessory buildings. (Former Section CZ#A314-2(A)); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
69.1.2 Permitted Accessory Structures in All Zones. The following accessory structures shall be permitted in all zones, except as otherwise stated, and shall be subject to the standards set forth in this Code: (Former Section CZ#A314-2(D))
69.1.2.1Off-street parking areas and parking structures for use by persons living, conducting business, or visiting the premises; (Former Section CZ#A314-2(D)(1))
69.1.2.2Structures housing equipment and materials used exclusively on the premises; (Former Section CZ#A314-2(D)(2))
69.1.2.3Structures for the conduct of recreational activities for use by persons living on the premises; (Former Section CZ#A314-2(D)(3))
69.1.2.4Temporary accessory structures as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D)(7))
69.1.3 Permitted Residential Accessory Structures. The following accessory structures shall be permitted in residential zones: (Former Section CZ#A314-2(E))
69.1.3.1Detached Accessory Buildings; (Former Section CZ#A314-2(E)(3))
69.1.3.2Children’s Playhouses; (Former Section CZ#A314-2(E)(4))
69.1.3.3Radio and Television Receiving Antennas; (Former Section CZ#A314-2(E)(5))
69.1.3.4Swimming Pools; (Former Section CZ#A314-2(E)(6))
(Note: The following subsection, “Accessory Small Hydroelectric Generating Facilities,” has been removed from Chapter 3 because these generating facilities are not permitted as an accessory use in the Coastal Zone.)
69.1.4 Special Permit Requirements for Accessory Detached Buildings in Residential Zones. A Special Permit must be secured to allow for the following accessory buildings in RS, R2 and RM zones: (Former Section CZ#A314-2(F))
69.1.4.1The construction of any accessory building, on any lot where a principal permitted use is not present; (Former Section CZ#A314-2(F)(1))
69.1.4.2Detached accessory buildings that exceed fifteen feet (15') in height or 1,000 square feet of gross floor area. (Former Section CZ#A314-2(F)(2))
69.1.5 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural zones: (Former Section CZ#A314-2(G))
69.1.5.1Windmills, not including windmills that produce energy for export off of the property; (Former Section CZ#A314-2(G)(1))
69.1.5.2Greenhouses, except that greenhouses with concrete slab floors shall not be located on prime agricultural soil. Concrete, asphalt, and similarly constructed footpaths within a greenhouse may be permitted on prime agricultural soils with a Special Permit; (Former Section CZ#A314-2(G)(2))
69.1.5.3Silos; (Former Section CZ#A314-2(G)(3))
69.1.5.4Tank Houses; (Former Section CZ#A314-2(G)(4))
69.1.5.5Barns and outbuildings; (Former Section CZ#A314-2(G)(5))
69.1.5.6Coops; (Former Section CZ#A314-2(G)(6)
69.1.5.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following Combining Zone regulations, as applicable, and to Chapter 2, Procedures: R - Streams and Riparian Corridors Protection (Section 313-33.1); T - Transitional Agricultural Lands (Section 313-35.1); and Coastal Wetland Areas (Section 313-38.1). (Former Section CZ#A314-2(G)(7))
69.1.5.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen feet (15') from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-43.1, Accessory Uses.) (Former Section CZ#A314-2(G)(8))
69.1.5.9 Other Necessary and Customary Structures. Accessory structures in addition to those identified in Section 69.1.5, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director.. (Former Section CZ#A314-2(G)(10))
69.1.6 Special Setback Requirements for Permitted, Detached Accessory Buildings and Structures. Detached accessory buildings and structures shall, in addition to conforming with all required yard setbacks, be setback at least six feet (6') from any other buildings or structures located on the same building site. (Former Section CZ#A314-2(J)) (Ord. 2717, § 4, 6/27/2023)