HomeMy WebLinkAboutP&Z Item 15 - Secondary StructuresMEMO TO: PLANNING AND ZONING COMMISSION
FROM: ERICA MAROHNIC, PLANNING SERVICES DIRECTOR
MEETING DATE: OCTOBER 15, 2024
SUBJECT: HOLD A DISCUSSION TO PROVIDE STAFF DIRECTION ON
CURRENT REGULATIONS FOR SECONDARY STRUCTURES.
Background
Attached is a comparison table of secondary structure regulations and standards in
residentially zoned districts.
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Residential Secondary Structure Comparison Table
Sec. 13 – “R-20” Sec. 14 – “R-12.5” Sec. 15 – “R-7.5” Sec. 16 – “R-5.0”
Use
B.3. Cabana, pavilion, or roofed area.
B.5.Secondary buildings (storage buildings,
hobby shops, barns).
B.2.Cabana, pavilion or roofed area.
B.4. Secondary buildings.
B.2. Cabana, pavilion, or roofed area.
B.4.Secondary buildings.
B.2. Cabana, pavilion or roofed area.
B.5. Storage buildings 120 square feet or less and
having no plumbing.
Location
B. When any of the foregoing permitted
secondary uses are detached from the principal
single-family dwelling, said uses shall be located
not less than 45 feet from the front lot line and
shall meet the requirements of Section 42.C., D.,
E., F. and G.
Secondary buildings more than 16 feet in height
shall be set back from the rear property line six
feet plus two additional feet for each additional
foot of height over 16 feet. The height of the
structures shall be measured from the top of the
slab or from its bottom floor.
B. When any of the foregoing permitted secondary
uses are detached from the principal single-family
dwelling, said uses shall be located not less than
45 feet from the front lot line and shall meet the
requirements of Section 42.C., D., E., F., and G.
Secondary buildings more than 16 feet in height
shall be set back from the rear property line six
feet plus two additional feet for each additional
foot of height over 16 feet. The height of the
structures shall be measured from the top of the
slab or from its bottom floor.
B. When any of the foregoing permitted
secondary uses are detached from the principal
single-family dwelling, said uses shall be
located not less than 45 feet from the front lot
line and shall meet the requirements of Section
42.C., D., E., F., and G.
B. When any of the foregoing permitted secondary
uses are detached from the principal single-family
dwelling, said uses shall be located not less than 45
feet from the front lot line and shall meet the
requirements of Section 42.C., D., E., F., and G.
Secondary buildings or structures more than 16 feet in
height shall be set back from the rear property line six
feet plus two additional feet for each additional foot of
height over 16 feet. The height of the accessory
buildings or structures shall be measured from the top
of the slab or from its bottom floor.
Side-Yard
Setbacks
Same as primary structure.
G. 3. - 15 feet
Same as primary structure.
G. 3. - 8 feet
Same as primary structure.
G. 3. - 6 feet
Same as primary structure.
G. 3. - 6 feet
Height
I. Height: The following maximum height
regulations shall be observed:
2.Height of secondary structure, 1½ stories not
to exceed 20 feet.
I. Height regulations: The following maximum
height regulations shall be observed:
2. Height of secondary structure, 1½ stories not to
exceed 20 feet.
I. Height regulations: The following maximum
height regulations shall be observed:
2. Height of secondary structure, one story not
to exceed 16 feet.
I. Height regulations: The following maximum height
regulations shall be observed:
2.Height of secondary structure, one story not to
exceed 16 feet.
General Regulations – Subsection 42. C.
C. Secondary buildings:
1.A secondary building not exceeding one story in height may occupy not more than 60 percent of a minimum required rear yard.
2. A secondary building exceeding one story or more in height may occupy not more than 40 percent of a minimum required rear yard.
3. A secondary building attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this ordinance applicable to the
main building. Unless so attached, a secondary building in a residential district shall be located on the rear one-half of the lot and at least ten feet from any dwelling or building existing or under construction on the same lot or
any adjacent lot. In all residential districts, a building or structure attached to the principal building or structure by only a breezeway having a maximum width of six feet shall be considered as being a detached secondary
building or structure. No building shall be located nearer than three feet to any side or rear lot line. In the case of a corner lot, no secondary building shall be located within any side yard required on the street side. A garage,
detached from the main building, may be located no nearer than six feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure.
D. Corner lots: On corner lots, the side yard on the street side shall be the same as required for the front, except on corner lots adjacent to a segment of a side street upon which no property fronts, said segment being defined
as that portion of a street between one street intersection and the next, the minimum side yard shall be 15 feet. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of 28 feet, nor to
prohibit the erection of a secondary building on such lot where the regulation cannot be reasonably complied with.
E. Height limits: Height limitations stipulated elsewhere in this ordinance shall be modified as follows:
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Residential Secondary Structure Comparison Table
1. Chimneys, water towers, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, drive-in theater screens, similar structures and necessary mechanical appurtenances may be erected as to their
height in accordance with existing or hereafter adopted ordinances of the city.
2. On through lots with double frontage 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than 150 feet in depth, the height regulation and basis of
height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from the street. The remainder of the lot shall comply with height regulation based on the street with the lower
elevation.
F. Required yards:
1. Where the frontage or side yards facing one side of a street between two intersecting streets is zoned for two classes of districts, the setback on the most restricted district shall apply to the entire block.
2. If 30 percent or more of the frontage on one side of a street between two intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six feet, then
the average front yard so established shall be observed; but this regulation shall not be interpreted to require a front yard of more than one and one-half times the depth of front yard otherwise required.
3. The side, front and rear yard requirements for dwellings shall be waived where dwellings are erected above stores and shops.
4. The planning and zoning commission may recommend and the city council may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories in the
ordinance rezoning any property when the safety of the traveling public and the general health, welfare and morals of the community require greater setback depth.
5. The face (door) of a private garage, either attached or detached shall not be located closer than 20 feet to any side or rear lot line in any residential district.
6. When the owner of two or more platted lots which side yards abut each other and front yards front upon the same street wishes to construct a principal use structure across the interior side yard lot lines, he shall make
application with the Department of Building Inspection for a building permit and in the application he shall state which lots are involved, provide information which shows any easement, drainage swell, or other natural or man-
made obstruction on or along the side yard lot line which is to be covered by the structure and no building permit shall be issued until the impediment has been removed. When the owner has shown no impediments exist as
to construction of a principal use structure or secondary use structure over an interior side yard lot line, the side yard setback requirements in all single-family zoning districts shall be waived and a building permit may be
issued for construction of a principal use structure over an interior lot line. In no event shall the exterior side yard setback requirements be violated and no more than one principal structure plus those secondary uses set forth
in the above residential zoning districts shall ever be constructed upon two or more lots which have been combined pursuant to this section. Should any excess portion of a combined lot be conveyed to another owner, no
structure shall be constructed thereon nor shall it be added to another lot until it has been replatted to combine it with another lot or lots as permitted by the V.T.C.A., Local Government Code, ch. 212.
7. The side and rear yard requirements for buildings or structures in any district adjacent to Dallas/Fort Worth International Airport property shall be waived.
G. Projections into required yards: Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows:
1. Cornices, eaves and sills not more than two feet into any required yard.
2. Balconies, bay windows and chimneys not more than three feet into front yards, or two feet into side and rear yards.
3.Unenclosed covered patios used only for outdoor, recreational purposes and not as carports, garages, storage rooms or habitable rooms in the R-7.5, R-12.5, R-20 and the R-TH districts may be located no closer than six
feet to any side yard property line nor closer than six feet to the rear property line. Unenclosed covered patios used only for outdoor, recreational purposes and not as carports, garages, storage rooms or habitable rooms in
the R-5.0 district may be located no closer than six feet to the rear property line and shall have the side yard setbacks as required in Section 16.G.3. Unenclosed covered patios constructed within the required 25 foot rear
yard setback of each district shall not be used as second story patios. The height of an unenclosed patio cover shall not exceed 15 feet. The height of an unenclosed patio cover shall be measured from the finished first floor
of the residence to the highest point of the roof's surface if a flat surface, to the deck line of a mansard roof, and the mean height level between eaves and ridge for hip and gable roofs. In the case of a corner lot, patios shall
be subject to the regular street side yard requirements of the district. Openings may be enclosed with insect mesh screening or plastic that is readily removable, translucent or transparent plastic not more than 0.125 inch in
thickness.
4. Reserved.
5. An open fire escape not more than three and one-half feet into rear yards, provided that such structure does not obstruct ventilation or light.
6. Any fence, wall, hedge, shrubbery, etc., no higher than a base line extending from a point two and one-half feet above front walk grade to a point four and one-half feet above walk grade at the depth of the front yard, and
single trees having single trunks which are pruned to a height of seven feet above walk grade. Corner lots where the side yard on the street side is required to be the same as the front yard, shall also observe front yard
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Residential Secondary Structure Comparison Table
regulations with regard to fences, walls, hedges, shrubbery, etc., on the side street except that the city council may by special ordinance, permit the construction of a fence not to exceed eight feet in height, which does not
project more than five feet into the required side yard setback area.
7. No object or combination of objects, including but not limited to any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained
on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain which cannot be removed by reasonable
landscaping techniques including retaining walls constructed below or at the same grade line of said natural existing terrain shall be excluded from the objects otherwise prohibited by this paragraph. And said object or
combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between three feet above the top of the adjacent roadway
curb and six feet above the top of the adjacent street curb, or if there is no curb then from the average street curb grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-
way line 20 feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. Any object or combination
of objects, placed, planted, or maintained is an obstruction constituting a traffic hazard. Any object or combination of objects, placed, planted or maintained in violation of this paragraph, shall be removed upon written notice by
certified mail from the building official of the city, or his representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or
occupant to remove such an obstruction within ten days after receipt of such notice shall constitute a violation of the zoning ordinance.
8. No mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, driven by a motor or motors of five horsepower or
more installed in a residentially zoned district, P-O, C-N, C-C, C-OU, M-FW or in any industrial district under this ordinance shall be permitted in the required side yard or rear yard abutting a residentially zoned district.
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