23.304.060 Accessory Buildings and Enclosed Accessory Structures

A. Applicability. This section applies to accessory buildings and enclosed accessory structures as defined in 23.502 (Glossary). See Section 23.304.070 (Unenclosed Accessory Structures in Residential Districts) and Section 23.304.080 (Fences) and for requirements that apply to other unenclosed accessory structures and fences.

1. Attached or Close to Main Building. An accessory building or enclosed accessory structure, other than a subterranean structure, that is attached to or within 3 feet of a wall of a main building, is considered a part of the main building for the purposes of setback requirements.

2. Demolition. See 23.326.030.C (Accessory Buildings) and 23.326.070.B (Accessory Buildings) for permits required to demolish accessory buildings.

1. Permits Required. Table 23.304-6 shows permits required for accessory buildings and accessory structures in Residential Districts.

Table 23.304-6. Permit Requirements for Accessory Buildings and Enclosed Accessory Structures
District Location and Building/Structure Type	Permit Required
All Residential Districts Except ES-R
New accessory buildings	AUP
Alterations to existing accessory buildings	ZC
Enclosed accessory structures on a lot with a main building	ZC
Enclosed accessory structures on a vacant lot without a main building	AUP
Horse stables	AUP [1]
Accessory buildings and structures with Urban Agriculture	ZC
ES-R District
Under 100 sq. ft.	ZC
100 sq. ft. or more	UP(PH)
On a vacant lot without a main building	UP(PH)

[1]Horse stables are not permitted in the R-S and R-SMU districts

(a) Development Standards. Table 23.304-7 shows development standards for accessory buildings and enclosed accessory structures in Residential Districts.

Table 23.304-7. Accessory Building and Enclosed Accessory Structure Standards in Residential Districts
Building/Structure Feature	Standards
Average Height, Maximum
Less than 4 ft. from lot line	10 ft.
4 ft. to less than 10 ft. from lot line	12 ft.
10 ft. or more from lot line	24 ft.
Setbacks, Minimum
Front of Interior Lot	50% of lot depth
Front of Through Lot	25% of lot depth
Front of Corner Lot	The setback existing or required on the adjacent lot, whichever is smaller, and the existing setback of main building on the lot
Street Side, Corner Lot	The existing setback of main building on the lot
Interior Side	4 ft. for building/structures within 75 feet of front lot line; as required by Berkeley Building Code for buildings/structures 75 feet or more from front lot line
Edge of Alley	5 ft.
Building Length [1]	24 ft.

[1]Applies to building walls generally parallel to a side lot line.

i. In all Residential Districts except for the ES-R district, the Zoning Officer may approve an AUP to allow an accessory building or enclosed accessory structure to deviate from the standards in Table 23.304-7. In the ES-R district, deviations require ZAB approval of a Use Permit.

ii. To approve the deviation, the review authority must find that the proposed building or structure will not be detrimental to the light, air, privacy, and view of adjacent properties.

(c) Bathroom and Kitchen Facilities. An accessory building may contain a full bathroom, including handwashing sink, toilet, and tub or shower, as well as cooking facilities, as long as the cooking facilities do not constitute a kitchen.

(d) Rentals. An accessory building may be rented only as a short-term rental as allowed in Section 23.314--Short-Term Rentals.

(a) Notwithstanding the setback standards in this section and the coverage area standards in Chapter 23.202--Residential Districts, an accessory building or enclosed accessory structure may be constructed to replace a pre-existing lawful accessory building or enclosed accessory structure, if the replacement building or structure is in the same location and has the same or smaller footprint as the previous structure. However, any such replacement structure may not exceed the average height as the previous building or structure; otherwise an AUP is required.

(b) Such replacement buildings and structures are permitted as of right only if an application for a building permit for their construction is submitted at the same time as an application for a building permit for the demolition of the pre-existing building or structure.

(c) The demolition of any accessory building proposed for replacement under this section is subject to Municipal Code Chapter 3.24 (Landmarks Preservation Commission)

D. Non-Residential Districts. The following requirements apply to accessory buildings and enclosed accessory structures in Non-Residential Districts.

(a) Accessory buildings and enclosed accessory structures in a Non-Residential District require the same permits as a main building in the district, except as provided in paragraphs (b) and (c) below.

(b) Accessory buildings and structures with urban agriculture are allowed with a Zoning Certificate.

(c) In a Commercial District, an accessory building or enclosed accessory structure associated with a residential-only project requires the same permits as in all Residential Districts except ES-R as shown in Table 23.304-7: Accessory Building and Enclosed Accessory Structure Standards in Residential Districts.

(a) Accessory buildings and enclosed accessory structures must comply with the same development standards that apply to main buildings in the district.

(b) A detached accessory building or enclosed accessory structure may not be erected or expanded within 5 feet of an alley. (Ord. 7810-NS § 11, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)