Burbank Accessory Structure Rules: Sheds and Pool Houses

In Burbank's single family zones, a detached backyard building that is not a permitted accessory dwelling unit cannot be used for cooking, and cannot be slept in unless it is a legal nonconforming guest house, whatever the listing calls it. The enclosed accessory structures on a lot, garages excluded, are capped at a combined 1,000 square feet. When one of them gets a toilet or a sink, the owner signs a covenant that is recorded with the county and binds every later owner. A buyer looking at a "guest house" is usually looking at one of three things: an accessory structure, a permitted ADU, or an older guest house with limited rights.

What counts as an accessory structure in Burbank?

BMC 10-1-604 covers enclosed and open structures detached from the main house in the R-1 and R-1-H zones. The code lists detached garages, gazebos, workshops, storage sheds, pool houses, stables, corrals and tack rooms. Accessory dwelling units are expressly outside the definition, whether attached or detached, and follow their own section of the code.

How big and how tall can a backyard structure be?

Under subsection (B), the combined gross floor area of all enclosed accessory structures, excluding garages, cannot exceed 1,000 square feet. Under section 10-1-603(D)(5)(b), a basement under an accessory structure counts toward that figure.

Height comes from Table 10-1-603(A) in the same article. The top plate of an accessory structure can be 10 feet above grade and the top of the roof 14 feet. Under subsection (C)(3) of that section, a flat roof can be no higher than 11 feet. On lots larger than 10,000 square feet, the maximum accessory structure height rises to 23 feet.

Enclosed accessory structures and sheds count toward the floor area ratio, with exclusions for garages up to set sizes, detached structures open on all sides, and up to two non-habitable structures under 120 square feet each. The same two small structures are left out of the 50 percent lot coverage limit. How the ratio works is covered in the Burbank floor area ratio guide.

Where on the lot can it go?

Table 10-1-603(G) allows no accessory structure in the front yard setback or the street-facing side yard setback. At the rear and interior side lines, an accessory structure may come within 3 feet of the property line, but only when it sits in the rear one-third of the lot. Along a side or rear line that abuts an alley, the 3 foot setback is not required.

Three more rules shape the building:

It must stand at least 6 feet from any other structure on the lot, and eaves must be at least 4 feet apart.
The top plate cannot rise above a setback plane that starts 3 feet in from the property line and 10 feet above the foundation stem wall, then slopes inward at 45 degrees. Only the roof may extend above it.
A structure tied to the house by a breezeway, porte-cochere or patio cover loses the reduced setbacks and must meet the main house setbacks.

Can a pool house have a kitchen, a bathroom or a bed?

No kitchen, and no bed. Subsection (D) says no accessory structure of any size may contain temporary or permanent kitchen or cooking facilities. Subsection (E) says no person shall sleep or otherwise reside in one at any time, whether the use is temporary or permanent and whether or not anyone pays for it. Its one exception is the legal nonconforming guest house described below.

Plumbing is allowed in a narrow form:

Fixture	Allowed in an accessory structure?
Toilet and lavatory	Yes
Shower	Only with a permanent in-ground swimming pool on the lot
Wet bar sink	One, single basin, no larger than 1 cubic foot
Laundry sink	One, next to a laundry appliance, instead of the wet bar sink
Kitchen or cooking facilities	No

Spas and above-ground pools do not count as swimming pools for the shower rule.

What is the covenant, and does it bind a buyer?

This is the part to check in a purchase. Under subsection (F), before the city issues a building permit for an accessory structure with bathroom or other plumbing fixtures of any kind, or for adding those fixtures to an existing one, a covenant is prepared by the City Attorney, signed by the property owner and recorded with the County Recorder. The code says the covenant is binding on the owner and all future owners. It states that the structure will not be used for cooking or sleeping and that no kitchen or cooking facilities will be installed.

Because the covenant is recorded, a buyer can ask the title officer whether one appears among the recorded documents for the parcel. What a title report does and does not show is explained in the preliminary title report guide.

Does a small shed or a garage conversion need a permit?

The city's Building Permits page lists one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses as exempt from a building permit when the floor area does not exceed 120 square feet and the location complies with zoning setback distances. The building may not contain heating, plumbing or electrical installations or store hazardous materials. The zoning rules above still apply to an exempt shed.

Garages have their own constraint. Section 10-1-603(I) requires two off-street spaces in a garage or carport for a house of 3,400 square feet or less, and three above that. Each space must be 9 feet 6 inches by 19 feet and clear of shelves, cabinets, appliances and equipment. Existing parking cannot be reduced or encroached upon. A garage converted into a permitted ADU is treated differently: under section 10-1-620.3(C), replacement parking for the main house is not required.

When can someone legally sleep in a backyard building?

There are two routes.

	Legal nonconforming guest house	Permitted ADU
Code section	BMC 10-1-1813	BMC 10-1-620.3
Kitchen	Not allowed	Required, as part of a dwelling unit
Who may stay	Temporary non-paying guests and family of the occupants	Anyone, including a tenant
Renting	Not allowed	Allowed under subsection (Q), for terms longer than 90 days
Proof needed	Use was lawful when built or converted, a building permit, and compliance with the conditions then in force	ADU building permit

BMC 10-1-1813 lets an existing guest house in an R-1 or R-1-H zone be used for sleeping only if the use was lawful when the structure was built or converted, a building permit was obtained, the conditions in force at the time are met, and the use is confined to temporary non-paying guests and family members of the occupants of the main house.

The second route is conversion. Section 10-1-620.3(F) allows an existing accessory structure to be converted to an ADU up to the larger of its existing square footage or 850 square feet, or 1,000 square feet with more than one bedroom. Subsection (H) lets a legally permitted garage or accessory structure keep its existing setbacks in a conversion. It extends the same treatment to unpermitted accessory structures if the Building Official finds no threat to health and safety under the building and fire codes and the structure does not violate recorded easements or dedications. Added space must still meet the 4 foot side and rear setbacks. The broader ADU standards are in the Burbank ADU rules guide.

The Rancho is the exception. Subsection (N) allows an existing permitted garage or permitted guest dwelling unit in the R-1-H zone to be converted. It says the conversion of any other existing accessory structure, such as a shed, pool house, recreation room, barn or tack room, into an ADU is not permitted. Its opening sentence applies the section to the R-1-H zone "unless otherwise stated in the following or otherwise required by state law." Government Code section 66323 requires ministerial approval of an ADU within the existing space of an accessory structure on a lot with a single family dwelling, if the space has exterior access and the side and rear setbacks are sufficient for fire and safety. An owner in the horsekeeping zone should get the Planning Division's position in writing before relying on either text. Other R-1-H rules are in the Rancho horsekeeping guide.

A five-point backyard structure check before an offer

Step	Question	Where to confirm
1	Is the building permitted as an accessory structure, a guest house or an ADU?	Building records
2	Is there a recorded covenant against cooking and sleeping?	Title officer
3	Does it have a kitchen, or a shower with no in-ground pool?	BMC 10-1-604(D)
4	Do the enclosed structures other than the garage total more than 1,000 square feet?	BMC 10-1-604(B)
5	Does the garage still hold the required cars?	BMC 10-1-603(I)

Building & Safety's division page links to a property information search, and the city's Public Records Portal holds building documents including permits, inspection records and certificates of occupancy. Buyers can put that review inside the contingency period described on the buyer's page. Sellers with a backyard room that was never permitted for living can settle how to describe it before listing, starting from the seller's page and a home valuation.

This article is general information drawn from the Burbank Municipal Code as published through Ordinance 26-4,038 and City of Burbank publications, not legal advice. Confirm the rules for a specific parcel with the Burbank Planning Division. Call Alla at (818) 699-5367 or use the enquiry form.

Looking at homes in Burbank? Start with the Burbank area guide and current Burbank listings.

Burbank Accessory Structure Rules: Sheds, Pool Houses, Detached Garages and the No-Sleeping Covenant