How Burbank Handles Accessory Structures: A Practical Guide

Burbank maintains 112 local ordinances across all categories, and 5 of those deal specifically with accessory structures. Here is a breakdown of what the city actually requires, what is prohibited, and where Burbank falls on the strict-to-permissive spectrum compared to other cities.

Garage Conversions

Burbank allows converting an existing legal garage or accessory structure into an ADU under BMC 10-1-620.3, requiring removal of the garage door, permitting the existing nonconforming setback to be kept, and waiving replacement parking for the demolished or converted garage.

Key details: Code Section: BMC 10-1-620.3(C), (F), (H), (J). State law: Cal. Gov. Code 65852.2. Garage door: Must be removed and replaced with windows/entry door. Existing setback: Legal nonconforming setback may be kept on the existing footprint. Replacement parking: Not required when garage demolished/converted for the ADU.

Converting a garage to a dwelling unit without permits, or failing to remove the garage door / provide compliant openings, is a Municipal Code violation. Under BMC 10-1-620.6, violations of the ADU section are misdemeanors carrying minimum penalties of $100 per day (first), $500 per day (second), and $1,000 per day (further violations), in addition to code-enforcement correction and after-the-fact permitting requirements.

Carport Rules

Carports are regulated as accessory structures under BMC Title 10 zoning. Building permits required. Carports may encroach into side/rear setbacks to minimum 3 ft only when in the rear one-third of the lot.

Key details: Permit: Building permit required. Setback: Min 3 ft side/rear (rear 1/3 of lot). Code: BMC Title 10. Lot Coverage: Counts toward 50% max.

Unpermitted carports: stop-work orders, required removal or retroactive permitting with penalty fees. Fines $200 to $1,000.

Shed Rules

Burbank Municipal Code Section 10-1-604 treats detached storage sheds and similar buildings as accessory structures, capping the combined enclosed accessory floor area (excluding garages) at 1,000 square feet, requiring at least 6 feet of separation from other structures, and prohibiting kitchens, sleeping use, and most plumbing.

Key details: Code Section: BMC 10-1-604. Max enclosed accessory area: 1,000 sq ft combined (excluding garages). Separation from other structures: 6 ft (walls); 4 ft (eave to eave). Reduced setback: 3 ft side/rear, only in rear one-third of lot. Setback plane: 45 degrees per BMC 10-1-603(G)(4).

Building or maintaining an accessory structure that violates Title 10 (e.g., exceeds the 1,000-square-foot enclosed limit, encroaches on required setbacks, or is used for sleeping or cooking) is a Municipal Code violation subject to code-enforcement action, including notices to abate, after-the-fact permits, and the recorded covenant requirement before any plumbing is approved. Continued violations can be prosecuted as misdemeanors or infractions under the City's general penalty provisions.

ADU Rules

Burbank permits accessory dwelling units ministerially in all residential zones (R-1, R-2, R-3, R-4, MDR-3, MDR-4, R-1-H) under BMC 10-1-620.3, capping detached and attached ADUs at 850 square feet (1,000 with more than one bedroom) and a junior ADU at 500 square feet, with 4-foot side and rear setbacks.

Key details: Code Section: BMC 10-1-620.3. Ordinance: No. 23-4,002, eff. 12/8/23. State law: Cal. Gov. Code 65852.2. Permitted zones: R-1, R-2, R-3, R-4, MDR-3, MDR-4, R-1-H. Max ADU size: 850 sq ft (1,000 sq ft if more than 1 bedroom).

Under BMC 10-1-620.6, willfully providing a false statement, or failing to provide a required statement, under Section 10-1-620.3 is a misdemeanor. A violation of any provision of the ADU section is a misdemeanor carrying a penalty of at least $100 per day for a first violation, a minimum of $500 per day for a second violation, and a minimum of $1,000 per day for any further violation, and does not preclude probation or other terms or conditions.

If you are coming from a city with tighter rules, you will find Burbank gives residents more flexibility on adu rules.

Tiny Homes

Tiny homes on foundations are regulated as ADUs under CA Gov Code 65852.2. Tiny homes on wheels may be classified as RVs and are not permitted as permanent dwellings. Burbank allows ADUs up to 1,200 sq ft detached.

Key details: On Foundation: Regulated as ADU. On Wheels: Classified as RV, not permanent dwelling. Max Size: 1,200 sq ft (detached ADU). State Law: CA Gov Code 65852.2.

Unpermitted dwellings: removal or retroactive permitting. Zoning violations: fines and required relocation. Occupancy without certificate: prohibited.

The Bottom Line

Burbank's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Burbank is broadly strict or permissive.

All of the above reflects Burbank's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.