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Home My WebLink About04-050 Richardson Setback CUPAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: February 8, 2005 SUBJECT: PUBLIC HEARING - PA 04-050, Richardson Utility/Garden Shed Conditional Use Permit for an Accessory Structure with an Exception from Side Yard Setback Requirements Report prepared by: Pierce Macdonald, Associate Planner .~'" ATTACHMENTS: 1. Resolution to Deny a Conditional Use Permit for an Accessory Structure with an Exception from Side Yard Setback Requirements (with Project Plans attached as Exhibit A) 2. Written Statement 3. Dublin Residential Accessory Structures Pamphlet 4. Vicinity Map 5. Zoning Ordinance Section 8.40.020(F)(2) 6. Site Photographs RECOMMENDATION: 1. Open the Public Hearing and hear Staff presentation; 2. Receive presentation from the Applicants; 3. Receive comments from the Public; 4. Close the Public Hearing and deliberate; and 5. Adopt Resolution (Attachment 1 with Project Plans attached as Exhibit A) to deny the Conditional Use Permit for an Accessory Structure with an Exception from Side Yard Setback Requirements. PROJECT DESCRIPTION: The Applicants, Mr. and Mrs. Richardson, are requesting a Conditional Use Permit to allow a utility shed accessory structure with a modified side yard setback, pursuant to Section 8.40.020(F)(2) of the Zoning Ordinance. In 2004, the utility shed's non-conforming setback was identified during a plan check review of an addition to the Richardson residence on the site. The shed was constructed on the lot with a side yard setback of two (2) feet and two (2) inches where five (5) feet is required pursuant to Zoning Ordinance requirements in Section 8.40.020(F)(2)(h). (Project Plans are attached as Exhibit A to Attachment 1.) According to the Applicant's Written Statement included as Attachment 2, Mr. Richardson believed that when he began the project in 2002, the shed met all City requirements because of the information in a pamphlet he obtained from the Building and Safety Division. The pamphlet on residential accessory structures that he refers to (Attachment 3) references only Building Division requirements for construction and permitting of accessory structures, and recommends that Applicants contact the Planning Division for zoning regulations. The Applicants are requesting the Planning Commission's approval of a Conditional Use Permit to allow them to retain the shed with the current nonconforming side yard setback. COPIES TO: Applicants PA File Project Manager ~ ITEM NO. The site is located at 7230 Dover Court near Dover Lane (see Attachment 3, Vicinity Map). The site is zoned Single-Family Residential Zoning District (R-1). The subject lot is rectangular in shape and 6,501 square feet in size. The utility shed is considered an accessory structure under Section 8.40 of the Zoning Ordinance. The utility shed structure is 8 feet wide by 12 feet deep for a total of 96 square feet of enclosed floor area. The southern face of the shed is 2 feet and 2 inches from the side property line and 22 feet from the front property line, behind a 6-foot fence. The utility shed has a simple gable roof, and the structure measures approximately 10 feet in height. There is one door on the west elevation facing the Richardson's residence, an attic vent on the sides, and no other openings on the building (see Exhibit A of Attachment 1). The shed is 7 feet and 9 inches from the room addition built with valid building permits and 2 feet and 6 inches from the original portion of the residence. The utility shed will be used for storage and for gardening purposes, as well as for other maintenance projects. There is currently no electricity or plumbing to the building. ANALYSIS: The Applicants are requesting an exception from standards (required setback 5 foot) for the south side yard adjacent to the structure to 2 feet and 2 inches. Pursuant to Zoning Ordinance Section 8.40.020(F)(2) (see Attachment 4), a Conditional Use Permit may be granted by the Zoning Administrator to allow a modification or exception from setback requirements if the findings for a Conditional Use Permit can be made. The Zoning Administrator may choose to refer any application to the Planning Commission pursuant to Section 8.96.020(C)(2) of the Zoning Ordinance. Based on conversations with the Applicants during the Code Enforcement process, the Zoning Administrator determined that it was in the best interests of the City to transfer authority to the Planning Commission under this Section. In reviewing the project application, Staff has reviewed issues of design and health and safety relative to the location of the shed on the property as required by Section 8.100.060 of the Zoning Ordinance. These issues are analyzed in the following sections. Design: Staff reviewed the form and massing of the utility shed structure in relation to the neighborhood to determine its impact on the adjacent properties. The shed would be approximately 22 feet from the front property line. No windows facing adjacent properties are proposed that could impact privacy. However, the gable roof and the back wall of the structure are above the six-foot fence at 10 feet, and can be viewed from the street. No other similar structures are located in the neighborhood. (See Site Photographs in Attachment 5.) Health and Sa ety: The Building and Safety Division reviewed the application and determined that a Building Permit is not required for construction of the shed as it is under 120 square feet in size; however, the southern wall does not meet fire code requirements of the Uniform Building Code as it is not a 1-hour fire-rated wall and is located too close to the adjacent property for fire safety purposes. Conditional Use Permit Findings: Pursuant to the purposes and intent of the Single-Family Residential District, Chapter 8.20, and the 2 requirements of Conditional Use Permits, Chapter 8.100, the finding that an exception from the standard side yard setback requirements for the accessory structure is not compatible with the residential uses in the vicinity should be made. Staff recommends that the proposed use be denied based on the following determinations: 1. The size of the utility shed is not typically associated with Single-Family Residential neighborhoods because it is four (4) feet taller than the property's fence and it is highly visible from the Dover Court public right-of--way; and 2. The design of the utility shed will impact the safety of adjacent neighbors because the southern wall of the shed is not 1-hour fire-rated pursuant to Uniform Building Code requirements related to fire hazards. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared. The project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301(1) because the project consists of minor modifications to an existing developed lot; it is consistent with all General Plan and Zoning regulations of the City; and, it is currently served by all required utilities and public services. CONCLUSION: The Applicants, Mr. and Mrs. Richardson, are requesting a Conditional Use Permit to legalize the existing utility shed and to allow the modification of a setback requirement under Chapter 8.40, Accessory Structures and Uses Regulations, of the Zoning Ordinance. The findings for denial of the Conditional Use Permit, contained in the Resolution (Attachment 1), can be made as the utility shed is highly visible from the Dover Court public right-of--way; and the shed does not meet minimum fire safety requirements of the Uniform Building Code. RECOMMENDATION: Staff recommends the Planning Commission: 1) open the Public Hearing and hear Staff presentation; 2) receive presentation from the Applicants; 3) receive comments from the Public; 4) close the Public Hearing and deliberate; and, 5) adopt the Resolution (Attachment 1 with Project Plans attached as Exhibit A) to deny the Conditional Use Permit for an accessory structure with an exception from side yard setback requirements. G:\PA#12004\04-0501PC Staff Report 2-8-OS.doc 3 GENERAL INFORMATION: PROJECT: PA 04-050 Richardson Utility Shed Conditional Use Permit for Accessory Structure with a Modified Setback PROJECT DESCRIPTION: The Applicants are requesting a Conditional Use Permit to legalize an accessory structure with an exception from side yard setback requirements, pursuant to Section 8.40.020(F)(2) of the Zoning Ordinance. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301(1) because the project consists of minor modifications to an existing developed lot. APPLICANTS AND Darren and Monique Richardson PROPERTY OWNERS: LOCATION: 7230 Dover Court, Dublin 94568 APN: APN 941-0197-056 GENERAL PLAN Single-Family Residential DESIGNATION: EXISTING ZONING Single-Family Residential, R-1 AND LAND USE: 4 RESOLUTION NO. 05 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN TO DENY A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE WITH AN EXCEPTION FROM SIDE YARD SETBACK REQUIREMENTS LOCATED AT 7230 DOVER COURT, APN 941-0197-056 (PA 04-050) WHEREAS, the Applicants, Mr. and Mrs. Richardson, have requested a Conditional Use Permit to legalize an accessory structure consisting of a shed (96 square feet and 10 feet high) with an exception from the required 5-foot side yard setback to a setback of 2 feet and 2 inches at 7230 Dover Court (APN 941-0197-056), pursuant to Zoning Ordinance Section 8.40.020(F)(2); and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared, and the project has been found to be Categorically Exempt from CEQA, according to Section 15301(1) because the project application request consists of minor modifications to an existing developed lot; and WHEREAS, the Planning Commission held a public hearing on said application on February 8, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a staff report was submitted to the Planning Commission recommending the Planning Commission deny the Conditional Use Permit; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed accessory structure is not appropriate for the subject site as located within the required side yard setback. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does find that pursuant to the purposes and intent of the Single-Family Residential District, Chapter 8.20, and the provisions and requirements of Conditional Use Permits, Chapter 8.100, and Accessory Structures & Uses, Chapter 8.40, the proposed accessory structure is not compatible with other land uses, transportation and service facilities in the vicinity; and the site is not physically suitable for the type, density, and intensity of the use and related structures because of the following facts: 1. The size of the utility shed is not typically associated with Single-Family Residential neighborhoods, because it is four (4) feet taller than the property's fence and it is highly visible from the Dover Court public right-of--way; and 2. The design of the utility shed will impact the safety of adjacent neighbors because the southern wall of the shed is not 1-hour fire-rated pursuant to Uniform Building Code requirements related to fire hazards. ATTACHMENT 1 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny PA 04-050, Conditional Use Permit for a utility shed accessory structure with an exception from a required side yard setback, located at 7230 Dover Court, APN 941-0197-056, as depicted on project plans attached as Exhibit A to this Resolution. PASSED, APPROVED and ADOPTED this 8`h day of February, 2005. AYES: NOES: ABSTAIN: ABSENT: Planning Commission Chairperson ATTEST: Planning Manager G:\PA#12004\04-050 Richardson Shed CUP\CUP reso.doc 2 ~J ~.. T p i p O `- fi n„ ~ ^ ~ c °5 - a l ° _ 0 0 0 ~c ~ r~ ~c _ w ~ ~ ? " ~. ~., ^ N ~ C ,°~ w ~ c y° '~ z ~' '. 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' N ~ ~ co ~ ~ ~ ~ ~ '~ ~. ~ o ~ ~ ~ o s ~ ~ ~ c o ~ ~ o ~' ~ `° j _ ~ ~ ~ ~ co • ~ \\\ l~G ~, ~ ~~ O ~V ~ ~ ~ ~ ` , iU V 0 ' O ~ ~ ~ ~ ~ ~ -~ c~ x ~ ~ ~ ~c o~ ~ _~ _~ O ~ ~. ~ ~ ' m ~ ~~ z l1 l ®~~ I n %' __ co < 'b ~ ' ! ~ ~ ~ "" ~ 'b ~ ~. l ~ ~ ~ ~ o ~ ~` ~• ~ O ( ~ Ai lv ~• ti_ n ti ~ • J ~~ ( ~ ~~ O O T `V ~ ~ / k ~ ~ ~ ~ k ' / ~ ~ ~ ~ ~ ~ ~ ti ~ ~' ~ = °'a ~~ ~ ~ ~ ~~ N o `~° ~ " ~ ~ • ~ ~ co ~. ~ ~ ~ o o o ~ ~. 00 -V , U5 rlrUb Ur'rl7 rrVrl rrnlr lV rrnlr s u 6 s te a, c ~ i ~a N ~' O a O L ' ' 7 -0 , approx. ~ on existing fence between adj cent property in N ~ N Y 6 3 :; • :; a N 0 u ...:..::.:. ......... c 4 :0 7'-9' c 0 ~ ~ ~ 4 - ~~~~ i r` L j 3 N 6 6'-0 i d I E p N ~ d ~O i N N i 0~ 2'_2• fU Tool Shed Requested changes for resubmittal. _ _ Showing accessory structure along south property line. Structure is a 96 sq. ft. tool shed. There are no electrical, plumbing or mechanical installations to this structure. RECEIVED SFPl~ 2004 t?UBLIN PLANNING ~iECE1VED 10/ 13/2004 L~ C r i 4 2oa~ City of Dublin Conditional Use Permit Request for Existing Shed DUBLIN PLANNING I, Darren Richardson, along with my wife Monique Richardson, homeowners and occupants of 7230 Dover Court in the City of Dublin, would like to request that the City of Dublin grant us a Conditional Use Permit for our existing shed structure. This structure lies on the southern side of our property along the property line of our neighbors at 7224 Dover Court. This shed is used for storing gardening and construction tools or materials for such tasks. We built the shed to compliment our house and provide a quality structure for storing our tools and materials. The reasons we feel this application should be approved are the following. Before we built the shed, I had been to the City of Dublin regarding an add-on that we were progressing on at the time. I was discussing the plans with a plan checker when she directed me to a rotating pamphlet/handout rack behind me near the Planning Desk. She had pointed this out to me to reference a pamphlet concerning bathroom specifications and code with respect to the add-on plans at the time. While looking at the bathroom pamphlet I noticed a handout on residential accessory structures. This included requirements for building a shed. This was nearly two years ago and had not changed up to the date of receiving a building permit for the add-on that we are currently working on. I was considering removing the existing and dilapidated aluminum shed and building a replacement shed so I picked it up. This handout indicates that we need no permit for constructing a shed as long as it is less than 120 sq. ft. The resulting shed is only 9b sq. ft. 1 built this shed on a concrete slab with standard wall framing and 4/12 roof construction. This handout also never indicates that there are height-to-property-line requirements, which are on a separate pamphlet that was unknown to us at the time. The separate pamphlet references the handout that I have, but my handout never references the other pamphlet. Because of the lack of reference I never knew to consider the height requirements. We had no knowledge of the other pamphlet until after we submitted our add-on plans to the City of Dublin. Our shed only breaks the height requirements due to its pitched roof All four corners are at the required eight feet max for our less then five feet proximity to our property line. This error was discovered and brought to our attention during the planning checks for our current add-on project. We feel that we built this shed in good faith based on the documentation provided by the City of Dublin for Residential Accessory Structures. We do not deny that this was certainly an honest mistake by the City of Dublin and that the City of Dublin did not intentionally mislead us. However, we feel that we made every effort to be in compliance and certainly thought that we were. It is our hope that the City of Dublin will consider our plea and accompanying letters of support from our neighbors and grant us a Conditional Use Permit for our shed, as it exists. Our neighbors have expressed admiration at the construction of our shed and we have had nothing but compliments about its aesthetics. We have had no complaints about our shed from any neighbor. This would prevent us from having to bear the expense and labor of tearing down and rebuilding much of our shed for what was simply an honest mistake. Darren & Monique Richardson ATTACHMENT .2 J ~~~ ~~' ~~V CITY OF DUBLIN • BUILDING 8s SAFETY DIVISION 100 Civic Plaza, Dublin, California 94568 RESIDENTIAL ACCESSORY STRUCTURES (PATIO COVERS • SHEDS • ARBORS • 'TRELLISES) Construction Plan Submittal Requirements Website: http:/lwww.ci.dublin.ca.us Phone: (925) 833-6620 Fax: (925) 833-6628 Pursuant to Section 7.28.280 of the Dublin Municipal Code, a permit is required for any alteration or repair work to any building or structure. Therefore, a building permit is required for the installation of any attached residential accessory structure such as a covered patio, gazebo, shade structure and unenclosed structure. It is also required for the installation of any detached tool/storage shed, playhouse or similar use greater than 120 sq. ft. in floor area*; for the installation of any detached lath house, trellis or arbor with a roof that does not shed water, and is less than 1,000 sq. ft. in area*. A plan approval must therefore be obtained from the Planning Division and Building ~ Safety Division before commencing any work for the construction of an accessory structure, including any electrical, plumbing and mechanical installations in such buildings. The following procedure must be obtained in order to process and approve plans for construction: 1. Three (3) complete sets of plans must be submitted, a building application form completed, a "Patio Cover and/or Enclosure Declaration" (if applicable} signed by property owner, and the required plan check fee paid. 2. Upon submittal of plans, they will be distributed to the different divisions and reviewed according to the zoning and building regulations. The Planning Division will review plans for conformance to zoning regulations such as location to main building, setback to property lines and other structures, size, height, and allowable building coverage of the lot. The Building & Safety Division will review plans for conformance to the building code such as structural attachments, framing details, building height, light and ventilation requirements, electrical connections, grounding, listed materials, etc. Note: It is highly recommended for the applicant to verify That all zoning regulations are in compliance prior to filing for a building permit application. Please contact the Planning Division for specific information regarding your lot size and maximum height and setback dimensions. 3. Once the plans have been reviewed and approved by all the divisions, a building permit will be issued to the applicant (licensed contractor, property owner or owner's agent only) at the Building counter. Permit fee information may be requested in advance by calling the Building & Safety Division staff at (925) 833-6620, Monday through Friday, between 7:00 A.M. to 5:00 P.M. 4. One set of approved plans will be returned to the applicant to be maintained at the construction site until the final inspection has been made. The Building & Safety Division will keep a second set cn file until construction has been completed. The third set will be forwarded to the Assessor's Office. *Dublin 'Municipal Code: 7.28.290 -Exceptions: \o permit shall be required for the following; however, permits shall be required fer electrical, plumbing and mechanical installations in any building or structure listed as follows: • One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses.. pro~~ided the floor area does not e~cceed 120 sq. ft. ^ Lath houses and similar sun shade structures with roofs which do not shed water. which are more than ten (10) feet in height and 1,000 sq. ft. in area. [Structures must be detached from the main house. Scope of work only involves a concrete slab only. G:'.Handouts`.Residential Accessory Structures.duc Page 1 of'_ Last Revised 1? ~ i ?OG' ATTACHMENT 3 Minimum Requirements for Construction Plans A. All plans shall be drawn on no smaller than 17 x 22 inch paper, to scale (i.e., site plan: 118" = 1'- 0", floor plan: '/4" = 1'-0") in a concise, detailed and professional manner. Single line floor plans are not acceptable; inadequate plans will be rejected. Included on the plans shall be the following information: 1. Cover sheet -job address; name, address and phone number of owner, contractor and contact person; description of work including new building and/or structure square footage. 2. Plot plan -proposed building and existing condition of main structure location indicating all setback distances to main house and to rear and side property lines; north arrow; location of easements and other utilities. 3. Floor plan - (when applicable) dimensioned floor plan identifying proposed room use(s); door/window keynotes and schedule; exterior landing dimensions; electrical schematic diagram locating any proposed receptacle outlets, interior and exterior lighting fixtures, switches. 4. Elevations -minimum of two exterior elevations identifying construction materials, colors, wall and roof covering specifications, maximum building height from ground level. 5. Cross-Section drawing -complete building cross-section depicting wall framing, positive connections of wall to foundation, wall to roof and framing connection at roof ridge. 6. Foundation plan -dimensioned plan identifying type of foundation system with footing/slab detail references and reinforcement details. 7. Floor and Roof Framing plans - (when applicable) complete floor and roof framing plans identifying type of framing members, span, spacing and referenced construction details with framing attachments. 8. All the provisions for patio covers shall be in conformance with Appendix Chapter 31, Division III which include the following minimum requirements (refer to the 1997 UBC, Vol. I, for complete listing): • One-story structures only • Maximum 12' in height • Open area of longest wall of enclosure wall shall be at least 65% of the area, below 6'-8" min. • Openings may be enclosed with insect screening or plastic that is readily removable translucent or transparent plastic, 0.125" in thickness - no glass windows allowed • Structure shall be used only for recreational, outdoor living purposes and not as carports, garages, storage rooms or habitable rocros • Bedroom windows with emergency egress windows shall not exit into patio enclosures; these shall be relocated to open directly to the street, public alley, or yard • Structure shall be designed and constru~;ted per Chapter 16, Volume II of the 1997 UBC • Structure may be supported on a minimum 3-1/2" thick concrete slab on grade without footings, provided that the columns do rot support live and dead loads in excess of 750-Ib per column • "Patio Cover and/or Enclosure Declaration" form shall be submitted and signed by property owner prior to permit issuance. B. If the proposed patio cover is constructed based on an approved industry "listing number" such as an I.C.B.O. Evaluation Report number (or other approved listing), conformance to the above listed items has already been reviewedlapproved; however, zoning regulations still need to be met. Only two (2) complete sets of the listing report or specification sheets need to be submitted. G:\Handouts\Residential .Accessory Structures.doc Last Revised 1''/311200= Page ? of 2 `-t k 4.. wp ~*. 7~ ~ ~ ~~ `r~f,~ _#, ~. :~ ~ ' t4 .. ~ ? ' *~ ~ . ~ ~.`. w '~ ?~ ~ ~il1l. ~ ~~ ~ ~ .~ ~ £~ ~~. ~, ~ ., ~ ~ ~~ ~~ ,i "~ 'o ~~ ` ~ ~ ,~:.~ C 1~ Ts ~ cs " ""' 1 ~-~ ~?, ~ ~ t ~'~_ ~~ ~~~ ,~ ~ ~ ;{ t ~, ;~"~ .5 ~ $ ~ ~ 15 i r ~ w ~~~ ii ~~ ~.~ r.~ ~ ~ s~ `' ' ~, ~~ ti ~{{~,},- ~ `~~ ~. ~ i4~ ~sA '.. ~ A"~~95 VICINITY MAP 7230 Dover Court 't s 7 ATTACHMENT 4 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 CHAPTER 8.40 ACCESSORY STRUCTURES AND USES REGULATIONS 8.40.010 Purpose. The purpose of these provisions is to establish the regulations that apply to accessory structures, and to specify the uses that are permitted as accessory to the principal uses in the zoning districts. Intent. The intent of these provisions is to ensure the compatibility of accessory structures and uses with permitted structures and uses. 8.40.020 Accessory Structures A. Accessory Structures Included With Permitted Uses. In addition to the principal structures associated with permitted Use Types, each Use Type shall be deemed to include such accessory structures which are specifically identified by these Accessory Structures and Uses Regulations, and to include such other accessory structures which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal structures. It shall be the responsibility of the Director of Community Development to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal structure, based on the Director of Community Development's evaluation of whether the proposed accessory structure is necessarily or customarily associated with the Use Type for which the development was constructed. Determinations by the Director of Community Development shall be subject to appeal pursuant to Chapter 8.136, Appeals, and a record of all such determinations shall be maintained by the Director of Community Development. B. Accessory Structures Subject to Regulations. Accessory structures shall be regulated in the same manner as the principal structures within each zoning district, except as otherwise expressly provided in these regulations. C. General Requirements 1. Attached Structures. If an accessory structure is attached to a principal structure, it shall be made structurally a part of the principal structure and shall comply with all the requirements of this Title to the principal structure. 2. Breezeways. A breezeway or other extension of the principal structure or accessory structure roof may connect the accessory structure to the principal structure, but it shall not be considered part of the principal structure. The breezeway and accessory building must meet principal building setbacks. City of Dublin Zoning Ordinance 40-1 September, 1997 Amended January 20, 2004 ATTACHMENT 5 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 3. Height. Detached accessory structures, unless specified otherwise in this Chapter, shall have a maximum height of 15 feet. Detached accessory structures in the Agriculture zoning district shall have a maximum height of 15 feet except for barns which may be 2 stories high if the upper story is designated only for storage of hay and agricultural supplies. 4. Inhabitable space. Accessory structures, with the exception of Guesthouses and Second Units shall not be constructed so as to provide year-round inhabitable space. Rev. Ord. 16-02 (November 2002) 5. Location of Accessory Structure. Accessory structures shall be located on the same lot as principal use. 6. Maximum enclosure of gazebo or patio cover. A gazebo, patio cover, or other similar enclosure constructed of lattice, or equivalent material through which air and light can pass, shall be constructed so that 80% of each side, which is not attached to a principal structure, is open and not inhabitable on a year-round basis. 7. Public Works Setbacks. No accessory structure shall be located between the Street right-of--way line and a Future Right-of--Way Line. S. Separation of detached accessory structure from other structures on the same lot. The distance of a detached accessory structure from any other structure on the same lot shall be as determined by the Uniform Building Code." Rev. Ord. 16-02 (November 2002) 9. One Side Yard shall not be obstructed to less than 36 inches. Notwithstanding that certain accessory structures may be located in a Side Yard, such accessory structures shall be located so that at least one Side Yard, which shall be gated, shall provide at least a 36 inch width of direct and unobstructed passage to the Rear Yard. 10. Timing of Construction. Accessory structures, temporary structures, and swimming pools shall be constructed or otherwise established at the same time as, or after, the principal structure or use. D. Requirements for Specific Accessory Structures that Apply City-wide. 1. Antennae. Antennae are subject to the provisions of Chapter 8.92, Wireless Communications Facility Regulations. 2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line. Additional height may be authorized through Conditional Use Permit approval by the Zoning Administrator. City of Dublin Zoning Ordinance 40-2 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 E. Agricultural Accessory Structures permitted by means of Site Development Review. All agricultural accessory structures, including, but not limited to, stable, barns, pens, corrals, greenhouses, or coops are permitted by means of a Site Development Review in the Agricultural zoning district. F. Permitted Residential Accessory Structures. 1. General requirements. a. Enclosed Accessory Structures in Multi-Family districts. No enclosed accessory structure shall be erected in aMulti-Family zoning district unless pursuant to a Site Development Review. b. In Front of a Residence. No accessory structure, with the exception of an entry feature, shall be located in the Front Yard, the area between the Front Yard and the residence, or within the portion of a Side Yard or a Street Side Yard that projects in front of the residence. c. Key lots. On a corner lot in an R-1 or R-2 zoning district adjacent to a Key Lot no accessory structure shall be closer to the Street Side Lot Line than 10 feet. d. Maximum square footage of detached accessory structures (excluding swimming pools) on a lot. For lots less than 5,000 square feet in size, one accessory structure in the Rear Yard with a maximum of 120 square feet shall be exempt from the Coverage Requirements. For lots 5,000 square feet in size or larger, the combined maximum square footage of all accessory structures on a lot such as a detached accessory garage, workshop, studio, or office shall not exceed 1,000 square feet unless a larger size is approved by the Zoning Administrator by means of a Conditional Use Permit. Rev Ord. 16-02 (November 2002) e. Rear Yard Coverage. The maximum coverage of the required Rear Yard by all accessory structures (with the exception of swimming pools) is 30%. f. On the street side of a fence, hedge or wall. No accessory structure in an R- 1 or R-2 zoning district may be located on the street side of a fence, hedge or wall. City of Dublin Zoning Ordinance 40-3 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 2. Structures. a. Exceptions to Accessory Structure Requirements. An exception to the requirements of this section may be approved by the Zoning Administrator by means of a Conditional Use Permit. b. Decks. Uncovered decks under 30 inches in height are permitted anywhere on a parcel, without respect to required setbacks. c. Entry features. Entry features (such as arbors, arches, and trellises) may be located within the required front Yard Setback provided they do not have a width of more than 15 feet, and do not have a height more than 10 feet. d. Greenhouse. A Greenhouse accessory structure with a maximum size of 500 square feet with transparent or translucent roof and/or wall panels. e. Guesthouses. A detached Guesthouse accessory structure may be established on the lot of asingle-family residence, as follows: 1. Not located in setback area. A guesthouse shall not be located within any required setback area. 2. Permitted and prohibited spaces. A guesthouse may contain a sleeping space, bathroom and other living space, but may not contain kitchen facilities. 3. Floor area limitation. The maximum floor area allowed for a guesthouse is 50% of the habitable floor area of the main residence, up to a maximum of 840 square feet. f. Recreation facilities. Including recreation activity courts and facilities, swimming pools, spas and hot tubs, provided those facilities are to be used solely by occupants of the dwelling(s) on the same lot and their guests. g. Security gates. Security gates and gate houses at project entrances are permitted through Site Development Review. h. Heights and Setbacks. Heights and setbacks for detached shade structures, gazebos, covered patios and enclosed structures are as follows: Rev. Ord. 16-02 (November 2002) For lots less than 5,000 square feet in size. City of Dublin Zoning Ordinance 40-4 September, 1997 Amended January 20, 2004 ACCESSORY STRUCTURES AND USES REGULATIONS Chapter 8.40 Shade Structures, Enclosed Enclosed Swimming Gazebos, Structure greater Structure less pools, spas, hot Covered Patios than 8 feet in than or equal to tubs and and Unenclosed height 8 feet in height associated Structures a ui ment Hei ht max 10 feet 10 feet 8 feet 8 feet Front Yard Not allowed Not allowed Not allowed Not allowed Setback except for Entry features permitted by Section 8.40.20. F.2. c Side Yard 3 feet 3 feet 0 feet 0 feet Setback Street Side Yard 3 feet 3 feet 3 feet 0 feet Setback Rear Yard 3 feet 3 feet 0 feet 0 feet Setback For lots 5,000 square feet in size or larger: Rev Ord. 16-02 (November 2002) Shade Structures Enclosed Enclosed Swimming Gazebos Structure greater Structure less pools, spas, hot Covered Patios than 8 feet in than or equal to tubs and and unenclosed height 8 feet in height associated structures a ui ment Hei ht max 15 feet 15 feet 8 feet 8 feet Front Yard Not allowed Not allowed Not allowed Not allowed Setback except for entry features permitted by Section 8.40.20.F.2.c Side Yard 5 feet 5 feet 0 feet 3 feet* Setback Street Side Yard 5 feet 5 feet 5 feet 3 feet* Setback Rear Yard 5 feet 5 feet 0 feet 3 feet* Setback * Measured at waterline i. Signs. Signs are regulated by Chapter 8.84, Sign Regulations. City of Dublin Zoning Ordinance 40-5 September, 1997 Amended January 20, 2004 ... 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