The Building and Zoning Codes are part of the City of Sparks Municipal Code. Recently, the City of Sparks updated its code by adopting the 2012 International Building Code (IBC) replacing the 2006 IBC. The adoption of the 2012 as part of Title 15 has created an inconsistency with Title 20 regarding when a building permit is required for an accessory structure. The 2006 IBC along with the Title 20 required a building permit for an accessory structure (e.g. shed) when the roof area exceeds 120 square feet. The 2012 IBC does not require a building permit for an accessory structure until the roof area exceeds 200 square feet.

To reestablish consistency, staff is proposing that Title 20 be amended to require a building permit for an accessory structure when the roof area exceeds 200 square feet. The Sparks Planning Commission unanimously forwarded a recommendation of approval at their October 3, 2013 meeting.

Currently, the Sparks Zoning Code (Title 20) requires an approved building permit to construct a structure used as an accessory building such as a tool or storage shed, playhouse or similar use when the projected roof area exceeds 120 square feet. As discussed previously, the recently adopted 2012 IBC does not require a building permit until the roof area of such a structure exceeds 200 square feet. This amendment proposes to reestablish consistency between the Building and Zoning Codes by increasing the Zoning Codes’ threshold for when a permit is required from 120 square feet to 200 square feet.

In addition, staff’s experience is that citizens consider a carport something other than an accessory structure. A carport, however, meets the definition of an accessory building. In the spirit of providing clarity, staff is proposing adding “carport” along with porches, patios, sheds, garages, and play houses to the definition in 20.43.010. Staff believes this amendment will provide greater clarity and consistency within the Sparks Municipal Code.

The proposed changes/additions have been highlighted in bold and/or struck out.

Section 20.43.010 Definition. Accessory structures - Includes but is not limited to porches, patios, sheds, garages, carports, play houses (excluding tree houses and play equipment), not attached to the permissive main structure, either fixed in place or temporary. Section 20.43.030 Location of accessory buildings. One-story detached accessory buildings used as tool and storage sheds, playhouses, gazebos, arbors and similar uses, provided the projected roof area does not exceed two one hundred twenty (120) 200 square feet, do not require a building permit and may be located on the side and rear property lines, but may not encroach into the front and side yard setback from the main building or structure. One-or-more-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, when the projected roof area exceeds two one hundred twenty (120) 200 square feet, require a building permit and may not encroach into the front yard setback, and shall be a minimum of five (5) feet from the side and rear property lines, and shall be a minimum of ten (10) feet from the main building or structure. Any garage, carport or accessory building which includes the storage of vehicles, boats or similar items, whether attached or detached, shall be in conformance with the setback requirements of the district in which it is located.

Section 20.43.040 Accessory structure, projected roof area greater than 200 120 sq. feet, not attached.

A. Location

1. Structures not attached to the permissive main structure which are intended for the storage of vehicles, boats or similar items shall be in conformance with the setback requirements of the district in which the permissive structure is located.

2. All other structures which are not attached to the permissive main structure and not included in item

A.1 may not encroach into the front yard setback, and shall be a minimum of five feet from the side and rear property lines, and shall be a minimum of ten feet from the permissive structure.

3. Cornices, overhangs and eaves may not project more than two feet from the structure.

4. In subdivisions approved after September 25, 1985, fireplaces, chimneys, greenhouse windows, bay windows, and other projections may project beyond the exterior wall of a building a maximum of two feet and not to exceed 10 square feet into any required separations.

B. Height Limit – must not exceed the height of the permissive main structure. C. Building permit is required.

The Council may choose to remand the proposal back to the Planning Commission, modify the proposal or to deny the proposal.

I move to adopt Bill No. 2663 amending Title 20 of the Sparks Municipal Code to Code to increase the size of accessory structures requiring a building permit from 120 square feet to 200 square feet and other matters properly related thereto.