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HomeMy WebLinkAboutItem 08 - Secondary StructuresMEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES MEETING DATE: AUGUST 19, 2025 SUBJECT: CITY COUNCIL AND PLANNING AND ZONING COMMISSION TO CONDUCT A PUBLIC HEARING RELATIVE TO PROPOSED AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE (82-73); SAME BEING APPENDIX D OF THE CODE OF ORDINANCES RELATIVE TO SECONDARY STRUCTURES, INCLUDING REQUIREMENTS FOR THEIR SIZE, LOCATION AND HEIGHT. THE PUBLIC HEARING WAS TABLED FROM THE JULY 15, 2025, JOINT MEETING. BACKGROUND: The Planning and Zoning Commission recognizes the value of secondary structures, such as garages and workshops, in enhancing residential properties. However, our existing zoning ordinance permits these structures to occupy up to 60% of the rear yard, leading to unintended consequences. Many secondary structures have become oversized, often matching or exceeding the size of the primary dwelling. This was not the original intent, which aimed to facilitate modest, subordinate structures that complement residential use without disrupting neighborhood character. The proliferation of large secondary structures has created massing issues, reduced privacy, overshadowed neighboring properties, and compromised community cohesion. To resolve these concerns, the Commission proposes amending the zoning ordinance to limit the size of secondary structures relative to the primary dwelling and lot area. We also aim to reduce the rear yard occupancy percentage and establish clear height and placement guidelines, ensuring that these structures remain appropriately scaled and maintain the integrity of our neighborhoods. ISSUES: Summary of Proposed Draft Ordinance Changes: Limit to the Number of Secondary Structures a. A maximum of two (2) secondary structures will be allowed per residential lot, in addition to the primary dwelling unit. b. This limitation helps manage site coverage, prevents excessive massing, and maintains the character of the neighborhood. _u PZI Kew, 2. Clarification of Placement and Setbacks a. Appropriate locations for secondary structures will be clearly identified, typically in the rear yard unless otherwise permitted by code. b. Minimum setbacks will increase as the height of the structure rises, ensuring that taller secondary structures are situated farther from side and rear property lines. c. This measure mitigates visual and privacy impacts on adjacent properties and protects the character and scale of surrounding single-family neighborhoods. 3. New Definition for Secondary Structure Height a. A new definition for the height of secondary structures will be created, separate from the existing definition for primary structures in Section 12 of the zoning ordinance. b. This definition is based on the maximum height measured to the tallest point of the point, regardless of roof pitch or type. c. This tailored definition addresses the unique impacts that secondary structures have on surrounding properties, given their proximity to property lines and their locations within required rear yards. This in-depth review was carried out through a series of six workshops. During these sessions, participants examined current regulations, compared community standards, and gathered public input. The proposed amendments resulting from this process aim to enhance the balance between homeowner flexibility and neighborhood compatibility. They are intended to ensure that secondary structures appropriately complement the scale and character of residential areas. The City Council called a public hearing for this purpose on June 17, 2025. The amendments were postponed during the meeting on July 15, 2025, to allow staff to draft additional vesting language for existing secondary structures which is included in the attached strikethrough/underline exhibit and ordinance. em/ ORDINANCE NO. 2025-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE RELATIVE TO SECONDARY STRUCTURES, (AM24-05); REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine finds that the construction of secondary structures on single-family residential lots has increased in recent years, sometimes resulting in structures that are disproportionate in size, height, and form relative to the principal dwelling and neighboring properties; and WHEREAS, the City Council desires to preserve the character and scale of established single-family neighborhoods and to prevent the overbuilding of residential lots that can result in negative impacts on adjacent properties, including excessive building mass, loss of privacy, diminished access to light and air, and a general sense of looming or crowding; and WHEREAS, the City recognizes the importance of providing clear, consistent, and enforceable development standards for secondary structures to ensure they remain subordinate and compatible in size, form, and appearance with the principal residence and the surrounding neighborhood context; and WHEREAS, the Planning and Zoning Commission held public meetings and reviewed proposed amendments to the City's development regulations for secondary structures, considering community input, staff recommendations, and best practices in managing residential infill development; and WHEREAS, the City Council finds that the proposed amendments to the Zoning Ordinance, same being Appendix "D" of the city's Code of Ordinances are necessary to protect the public health, safety, and welfare by ensuring that new secondary structures are appropriately scaled and designed, avoid adverse visual and physical impacts on neighboring properties, and maintain the residential character of single-family neighborhoods; and WHEREAS, the City Council further finds that adoption of these amendments promotes orderly development, preserves property values, and is consistent with the goals and policies of the City's Comprehensive Plan. WHEREAS, the City of Grapevine is a home -rule municipality authorized to adopt and enforce ordinances necessary to protect heath, life, and property to preserve good government and the security of its inhabitants; and WHEREAS, the City of Grapevine has adopted a comprehensive Zoning Ordinance to regulate the location and use of buildings and land in full accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the health, safety, and welfare of the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein. WHEREAS, the City desires to implement those rules and regulations that protect health, life, and property and that preserve good government, order, and security of the City and its inhabitants; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Section 12 of the Zoning Ordinance — "Definitions.", is hereby amended, as follows: Breezeway a covered, one-story, open -sided passageway not exceeding six feet in width, connecting a main structure to a secondary structure. Height, structure the vertical distance from grade plane to the average height of the highest roof surface. If a flat surface, to the deck line of mansard roofs and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: Ordinance No. 2025-0053 2 AM24-05 Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height. Section 3. That Section 12 of the Zoning Ordinance — "Definitions.", the following definition is hereby added, as follows: Height, of secondary structure the vertical distance measured from finished grade of the lowest side where the building is set to the highest roof surface, excluding non-structural elements such as antennas, chimneys, ventilators, or skylights. Section 4. That Section 13 of the Zoning Ordinance — "R-20, Single -Family District Regulations", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to a single- family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation. 8. Communication equipment meeting the requirements of Chapter 7, Article XIII. of the Grapevine Code of Ordinance. 9. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Items 2 and 9, 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. All secondary structures shall be setback from side and rear property lines a minimum of 15 feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines 15 feet plus one additional foot for each additional foot of height over 10 feet. I. Maximum Height: The following maximum height regulations shall be observed- 1 . Principal structure: two (2) stories, 35 feet. Ordinance No. 2025-0053 3 AM24-05 2. Secondary structure: 16 feet. Section 5. That Section 14 of the Zoning Ordinance — "R-12.5, Single -Family District Regulations.", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to an single- family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. Private swimming pool. 4. Secondary structures. 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinances. 8. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 8, 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. All secondary structures shall be setback from side and rear property lines a minimum of eight feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines eight feet plus one additional foot for each additional foot of height over 10 feet. I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. Ordinance No. 2025-0053 4 AM24-05 2. Secondary structure: 16 feet. Section 6. That Section 15 of the Zoning Ordinance — "R-7.5, Single -Family District Regulations.", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to a single- family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. Private swimming pools. 4. Secondary structures. 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of Chapter 7, Article XIII. 8. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this subsection, the month of January shall constitute the first month of the first quarter. With the exception of Item 8, 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. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. Ordinance No. 2025-0053 5 AM24-05 2. Secondary structure: 16 feet. Section 7. That Section 16 of the Zoning Ordinance — "R-5.0, Zero -Lot -Line District Regulations.", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to an R-5.0 zero -lot -line district provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. No dwelling shall be closer than 12 feet between the face of the exterior walls of neighboring dwelling unit. 4. Private swimming pool. 5. Storage structures 120 square feet or less and having no plumbing. 6. Signs subject to the provisions of Section 60. 7. Customary home occupation. 8. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinances. 9. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 9, 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. All secondary structures shall be set back from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. Ordinance No. 2025-0053 6 AM24-05 Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure-16 feet. Section 8. That Section 17 of the Zoning Ordinance — "R-3.5, Two -Family District Regulations.", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or users of the principal use. All secondary uses shall be located at least 20 feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Off-street parking and private garages in connection with any use permitted in this district. 2. One storage structure per dwelling unit 120 square feet or less, and having no plumbing. 3. Private swimming pools and private tennis courts no closer than 75 feet to any adjacent residential district. 4. Signs subject to the provisions of Section 60. 5. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinances. 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of item 6, when any of the foregoing permitted secondary uses are detached from a principal dwelling, said uses shall be located not less than 45 feet from the front lot line nor less than 20 feet from any street right-of-way, and at least six feet from the rear and side lot lines. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. Ordinance No. 2025-0053 7 AM24-05 Maximum Height regulations: The following maximum height regulations shall be observed. 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: 15 feet. Section 9. That Section 18 of the Zoning Ordinance —" Three -and Four -Family District Regulations.", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or users of the dwelling. All secondary uses shall be located at least 20 feet from any street right-of- way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages. 2. Private swimming pools and private tennis courts no closer than 75 feet to any adjacent residential district. 3. Laundry room for tenants' use. 4. Cabana, pavilion, pergola, or roofed area. 5. Signs subject to the provisions of Section 60. 6. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinances. 7. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. I. Maximum Height regulations: The following maximum height regulations shall be observed: Ordinance No. 2025-0053 8 AM24-05 1. Principal structure: two (2) stories, 25 feet. Whenever a triplex or fourplex structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the triplex or fourplex structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a triplex or fourplex structure exceed two stories or 25 feet. 2. Secondary structure: 15 feet Section 10. That Section 19 of the Zoning Ordinance — "R-MH, Manufactured Home District Regulations.", is hereby, amended, as follows. B. Secondary uses: The following uses shall be permitted as secondary uses of a manufactured home subdivision: 1. Manufactured home plot rental office. 2. Common swimming pool no nearer than 120 feet to any residentially zoned district. 3. Laundry room for the use of residents. 4. Screened garbage storage on a concrete pad, no nearer than 50 feet to any residentially zoned district, and not within the front setback. 5. Toilet and shower facilities. 6. Community or recreation structure. 7. One storage structure per lot 120 square feet or less, and having no plumbing. 8. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinances. 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, 20 feet from any street right-of-way, and six feet from rear and side lot lines. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. E. Maximum Height regulations: The following height regulations shall be observed: Ordinance No. 2025-0053 9 AM24-05 1. Principal structure: One-story, 15 feet. 2. Secondary structure: 15 feet. Section 11. That Section 20 of the Zoning Ordinance — "R-TH Townhouse District Regulations.", is hereby, amended, as follows. B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or user of the principal family dwelling: 1. Private swimming pools and tennis courts no closer than 75 feet to any adjacent residential district. 2. Cabana, pavilion, pergolas, or roofed area. 3. Meeting, party, and/or social rooms in common areas only. 4. Off-street parking and private garages in connection with any use permitted in this district. 5. One storage structure per dwelling unit 120 square feet or less, and having no plumbing. 6. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinance. 7. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. No secondary uses may be located between the building line and the front property line. Private garages on lots having a minimum width of less than 40 feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. Ordinance No. 2025-0053 10 AM24-05 Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: Two-story, 35 feet. Whenever a townhouse structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the townhouse structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a townhouse structure exceed two stories or 35 feet. 2. Secondary structure: 15 feet. Section 12. That Section 22 of the Zoning Ordinance — "R-MF Multifamily District Regulations.", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to the multiple -family dwellings provided that none shall be a source of income to the owner or users of the multiple -family dwellings. All secondary uses shall be located at least 20 feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages in connection with any use permitted in this district provided that such parking shall not be located in a required front yard. 2. Swimming pools and tennis courts no nearer than 75 feet to any residentially zoned district. 3. Laundry room for use of tenants. 4. Meeting, party and/or social rooms in common areas only. 5. Cabana, pavilion, pergola, or roofed area. 6. Mechanical and maintenance equipment related to a principal use no nearer than 120 feet to any adjacent residentially zoned district and housing within an enclosed structure. 7. Screened garbage and/or solid waste storage on a concrete pad, no nearer than 50 feet to an adjacent R-3.5, R-TH, R-5.0, R-7.5, R-12.5, R-20 zoned district, and not within the front setback. 8. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinances. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from Ordinance No. 2025-0053 11 AM24-05 the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. I. Height regulations: The following maximum height regulations shall be observed: 1. The maximum height of the principal structure shall be two stories not to exceed 35 feet. Whenever a multifamily structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the multifamily structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a multifamily structure exceed two stories or 35 feet. 2. The maximum height of secondary structures shall not exceed 15 feet. 3. The maximum height of a storage structure used for maintenance or mechanical equipment shall not exceed ten feet. Section 13. That Section 22A of the Zoning Ordinance — "R-MODH Modular Home District Regulations.", is hereby, amended, as follows: B. Secondary uses: The following uses shall be permitted as secondary uses to a single- family detached modular home provided that none shall be a source of income to the owner or user of the principal use: 1. Private garage. 2. Private swimming pool. 3. Storage structures 120 square feet or less and having no plumbing. 4. Cabana, pavilion, pergola, or roofed area. 5. Communication equipment meeting the requirements of Chapter 7, Article XIII of the Grapevine Code of Ordinances. 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 6, when any of the foregoing permitted secondary uses are detached from the principal single-family dwelling, said uses shall be located Ordinance No. 2025-0053 12 AM24-05 not less than 45 feet from the front lot line, 20 feet from any street right-of-way, and six feet from rear and side lot lines. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. E. Maximum Height and area regulations: 1. Principal structure: two (2) stories, 25 feet. 2. Secondary structure: 16 feet. 3. Lot coverage by principal structure: 40 percent of total lot area. Section 14. That Section 41 of the Zoning Ordinance — "PD, Planned Development Overlay.", is hereby, amended, as follows: D. Limitation of uses: Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. The following uses are expressly prohibited within a "PD" Planned Development Overlay and cannot be established as a permitted, conditional, or secondary use under any circumstances: 1. Freight forwarding warehouses. 2. Outside storage of material/equipment. 3. Retail establishments for used car sales and service. 4. Commercial parking lots. 5. Automotive repair garages. 6. Salvage/wrecking yards. 7. Retail sales of building material displayed in an unenclosed or incompletely enclosed area with outside storage. 8. Those uses specifically designated in paragraph D. Limitation of Uses in Section 31, "LI", Light Industrial District. 9. Off-premise/billboard signage. 10. Pawn shops. Ordinance No. 2025-0053 13 AM24-05 11. All uses listed in Section 49, Special Uses. 12. Bed and Breakfast. 13. Residential properties consisting of one -lot. Section 15. That Section 42 of the Zoning Ordinance — "Supplementary District Regulations.", is hereby, amended, as follows: Subsection C., Secondary structures: These standards cannot be changed through a planned development overlay for an individual residential lot. Variations to the standards may only be granted as part of an entire residential subdivision prior to platting and the initial construction of the properties. 1. In residential zoning districts and on residential properties, the number of secondary structures is limited, as follows: a. No more than two (2) per lot or property, however specific zoning districts may limit the number of secondary structures to one; and b. The following size limitations apply cumulatively to the maximum of two secondary structures on a single lot or property. Lot Size Limitation on Secondary Structure Size 5,000-7,499 sq. ft. 500 sq. ft. maximum and complying with all building setbacks 7,500-12,499 sq. ft. 1,000 sq. ft. maximum and complying with all building setbacks 12,500-19,999 sq. ft. 1,500 sq. ft. maximum and complying with all building setbacks 20,000 sq. ft. and larger 1,500 sq. ft. maximum and complying with all building setbacks For lots 20,000 sq. feet and larger, a conditional use permit is required to exceed the maximum secondary structure size of 1,500 sq. ft or the maximum structure height of 16 feet. 2. Secondary structures shall not have finished attics with habitable rooms or plumbing, and ceiling height shall be less than six feet -eight inches. 3. Additional secondary structure requirements: i. A secondary structure attached to the main building shall be made structurally a part, architecturally cohesive, have a common wall with the main structure and Ordinance No. 2025-0053 14 AM24-05 shall comply in all respects with the requirements of this ordinance applicable to the main structure. ii. Secondary structures shall be at least ten feet from any dwelling or structure existing or under construction on the same lot or any adjacent lot. iii. In all residential districts, a structure attached to the principal structure by only a breezeway (which shall be) no wider than six feet and shall be considered a detached secondary structure. iv. For corner lots, no secondary structure shall be located within any side yard required on the street side. v. Any secondary structure with a roof pitch less than 3/12 cannot be taller than 12 feet in total height. 4. No swimming pool shall be located nearer than six feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. Below -ground swimming pools may be located no nearer than six feet to the side lot line adjacent to the street. On corner lots that require a side yard to be the same as required for the front yard, pools shall be located no nearer than 15 feet to the side lot line adjacent to the street. Swimming pools may be located nearer than ten feet from any dwelling or existing structure, as long as the excavation of the swimming pool does not in any way harm or endanger the existing building or dwelling. 5. Play structures, including but not limited to tree houses, play houses, play forts, swing sets, jungle gyms, etc. where any portion of the structure exceeds eight feet in height above grade may only be placed behind the main structure, and shall be placed a minimum of six feet from any property line. Section 16. That Section 43 of the Zoning Ordinance — "Nonconforming Uses and Structures.", is hereby, amended, as follows: J. Existing secondary structures. - (a) Applicability. Any secondary structure lawfully constructed or lawfully permitted and under construction as of August 19, 2025, in accordance with all applicable ordinances and regulations in effect at the time of its permitting or construction, shall be deemed a legal, conforming structure, notwithstanding any provisions of this Section or other amendments to the zoning ordinance adopted thereafter. Ordinance No. 2025-0053 15 AM24-05 (b) Continuation and Maintenance Such existing secondary structures may continue to be used, maintained, repaired, and restored, provided that no expansion, enlargement, or alteration of the structure shall be made that increases its nonconformity with the provisions of this Section or any other applicable ordinance in effect after August 19, 2025. Section 17. The City of Grapevine staff is hereby directed to proceed with the development and implementation of a notice and enforcement initiative as to short-term rentals. Section 18. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall stay in full force and effect. Section 19. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Section 20. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day on which a reported violation is committed will be deemed a separate offense. Section 21. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Ordinance No. 2025-0053 16 AM24-05 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of August, 2025. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2025-0053 17 AM24-05 DRAFT ti*ethrni o = Deletion Underline = Insertion Section 12, Definitions Existing definitions with amendments Breezeway a covered one-story On height, open -sided nassagewav not exceeding six feet in width, connecting a main structure to a secondary structure building. Height, building structure the vertical distance from grade plane to the average height of the highest roof surface. If a flat surface, to the deck line of mansard roofs and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height. Proposed definition Height, of secondary structure The vertical distance measured from finished grade of the lowest side where the building is set to the highest roof surface, excluding non-structural elements such as antennas, chimneys, ventilators, or skvlights. Section 13, R-20, Single -Family District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to a single- family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwelling, except for customary home occupation. 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Accessory dwelling unit. Refer to Section 42.C.6. for supplementary district standards related to accessory dwelling units. 3. Cabana, pavilion, pergola, or roofed area. 4. Private swimming pools and tennis courts. 5. Secondary buildings (storage buildings, hobby shops, barns). 6. Signs subject to the provisions of Section 60. 7. Customary home occupation. AM24-05. Strikethrough_Underline Secondary Structures 382181 Secondary Structures 8. Communication equipment meeting the requirements of euhapter 7, aArticle XII . of the Grapevine Code of Ordinance. 9. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Items 2 and 9, 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. All Ssecondary buildings structures shall be setback from side and rear property lines G minimum of 15 feet. mere than 46 Secondary structures greater than 10 feet in height shall be set back from the side and rear property line-, s* 15 feet plus twfe one additional feeoot for each additional foot of height over 446- 1 U feet. The height of the StFUG«:res shall be measured from the tep of � slob er from itc bottem fleen p��r ra.�rrvrrr "'r' ". �vrTr Maximum Height: The following maximum height regulations shall be observed- 1 . Principal structure: two (2) stories, 35 feet. 2. Secondary structure: one and one half (1 14) steries, 20 16 feet. Section 14, R-12.5, Single -Family District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to an single- family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. Private swimming pool. 4. Secondary ;tructures buildings. 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. AM24-05. Strikethrough_Underline Secondary Structures 382181 2 Secondary Structures 8. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 8, 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. All Ssecondary buildings structures shall be setback from side and rear property lines a minimum of eight feet more than 46 Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines s* eight feet plus two one additional feeoot for each additional foot of height over 443-10 feet. The height of the Strz� Ores shall be measured from the of � slab or from ite bottem (leer. p��rr rc.�rrvrrr "'r' ". �vrTr Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: ene and one half (1 14) storms 20 16 feet. Section 15, R-7.5, Single -Family District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to a single- family detached dwelling provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. Private swimming pools. 4. Secondary Structures buildings . 5. Signs subject to the provisions of Section 60. 6. Customary home occupation. 7. Communication equipment meeting the requirements of EChapter 7, aArticle XII . AM24-05. Strikethrough_Underline Secondary Structures 382181 3 Secondary Structures 8. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this subsection, the month of January shall constitute the first month of the first quarter. With the exception of Item 8, 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. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: 16 feet. Section 16, R-5.0, Zero -Lot -Line District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to an R-5.0 zero -lot -line district provided that none shall be a source of income to the owner or user of the principal single-family dwellings, except for customary home occupation: 1. Off-street parking and private garages in connection with any use permitted in this district. 2. Cabana, pavilion, pergola, or roofed area. 3. No dwelling shall be closer than 12 feet between the face of the exterior walls of neighboring dwelling unit. 4. Private swimming pool. 5. Storage "ructurPs buildings 120 square feet or less and having no plumbing. 6. Signs subject to the provisions of Section 60. 7. Customary home occupation. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. AM24-05. Strikethrough_Underline Secondary Structures 382181 4 Secondary Structures 9. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 9, 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. All AGGessery buildings of Secondary structures mere than 16 foot in hoirrh+ shall be set back from the rear property line a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus two one additional feeoot for each additional foot of height over 4-&-10feet. The height of the aGGessery buildings OF StFUGtUres shall be measured from the tep of the slab er from bettena floor. I. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: 16 feet. Section 17, R-3.5, Two -Family District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or users of the principal use. All secondary uses shall be located at least 20 feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Off-street parking and private garages in connection with any use permitted in this district. 2. One storage t U ULAUI c building per dwelling unit 120 square feet or less, and having no plumbing. 3. Private swimming pools and private tennis courts no closer than 75 feet to any adjacent residential district. 4. Signs subject to the provisions of Section 60. 5. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. AM24-05. Strikethrough_Underline Secondary Structures 382181 5 Secondary Structures 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of item 6, when any of the foregoing permitted secondary uses are detached from a principal dwelling, said uses shall be located not less than 45 feet from the front lot line nor less than 20 feet from any street right-of-way, and at least six feet from the rear and side lot lines. All Ssecondary structures shall be setback from side and rear property lines a minimum of six feet. more than 46 Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus two one additional feeoot for each additional foot of height over 44E�-10 feet. The height E)f theStrU�G oc chall be measure from the top of the slab or itc boor I. Maximum Height regulations: The following maximum height regulations shall be observed. 1. Principal structure: two (2) stories, 35 feet. 2. Secondary structure: 15 feet. Section 18, R-3.75 Three -and Four -Family District Regulations. B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or users of the dwelling. All secondary uses shall be located at least 20 feet from any street right-of- way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages. 2. Private swimming pools and private tennis courts no closer than 75 feet to any adjacent residential district. 3. Laundry room for tenants' use. 4. Cabana, pavilion, pergola, or roofed area. 5. Signs subject to the provisions of Section 60. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 7. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed AM24-05. Strikethrough_Underline Secondary Structures 382181 6 Secondary Structures three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. All secondary structures shall be setback from side and rear property lines a minimum of six feet. mermvn�harn 4-6 Secondary structures greater than 10 feet in height shall be set back from the side and rear property line six feet plus two one additional feeoot for each additional foot of height over 46-_ feet. The height of the StrUGtUres shall be measur from the tep of the s'� om ite battem floor. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: two (2) stories, 25 feet. Whenever a triplex or fourplex structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the triplex or fourplex structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a triplex or fourplex structure exceed two stories or 25 feet. 2. Secondary structure: 15 feet Section 19, R-MH Manufactured Home District Regulations. B. Secondary uses: The following uses shall be permitted as secondary uses of a manufactured home subdivision: 1. Manufactured home plot rental office. 2. Common swimming pool no nearer than 120 feet to any residentially zoned district. 3. Laundry room for the use of residents. 4. Screened garbage storage on a concrete pad, no nearer than 50 feet to any residentially zoned district, and not within the front setback. 5. Toilet and shower facilities. 6. Community or recreation structure building. 7. One storage structure building per lot 120 square feet or less, and having no plumbing. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. AM24-05. Strikethrough_Underline Secondary Structures 382181 7 Secondary Structures 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, 20 feet from any street right-of-way, and six feet from rear and side lot lines. All S econdary structures shall be setback from side and rear property lines a minimum of six feet. merethan 46 Secondary structures greater than 10 feet in height shall be set back from the side and rear property line six feet plus two one additional feeoct for each additional foot of height over 4, feet. The height of the StFUGoc chall be measure frernrthe tep of the s'�;Tom itc b^++�loor. E. Maximum Height regulations: The following height regulations shall be observed- 1 . Principal structure: One-story, 15 feet. 2. Secondary structure. One-story , 15 feet. Section 20, R-TH Townhouse District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to dwelling units provided that none shall be a source of income to the owner or user of the principal family dwelling: 1. Private swimming pools and tennis courts no closer than 75 feet to any adjacent residential district. 2. Cabana, pavilion, pergolas, or roofed area. 3. Meeting, party, and/or social rooms in common areas only. 4. Off-street parking and private garages in connection with any use permitted in this district. 5. One storage structure building per dwelling unit 1 square feet or less, and having no plumbing. 6. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinance. 7. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. No secondary uses may be located between the building line and the front property line. AM24-05. Strikethrough_Underline Secondary Structures 382181 8 Secondary Structures Private garages on lots having a minimum width of less than 40 feet must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks. All secondary structures shall be setback from side and rear propertv lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear propertv lines six feet plus one additional foot for each additional foot of height over 10 feet. Maximum Height regulations: The following maximum height regulations shall be observed: 1. Principal structure: Two-story, 35 feet. Whenever a townhouse structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the townhouse structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a townhouse structure exceed two stories or 35 feet. 2. Secondary structure: 15 feet. Section 22, R-MF Multifamily District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to the multiple -family dwellings provided that none shall be a source of income to the owner or users of the multiple -family dwellings. All secondary uses shall be located at least 20 feet from any street right-of-way and shall not be located between the building line and the front property line. 1. Detached covered common parking, off-street parking and private garages in connection with any use permitted in this district provided that such parking shall not be located in a required front yard. 2. Swimming pools and tennis courts no nearer than 75 feet to any residentially zoned district. 3. Laundry room for use of tenants. 4. Meeting, party and/or social rooms in common areas only. 5. Cabana, pavilion, pergola, or roofed area. 6. Mechanical and maintenance equipment related to a principal use no nearer than 120 feet to any adjacent residentially zoned district and housing within an enclosed structure Wig. AM24-05. Strikethrough_Underline Secondary Structures 382181 9 Secondary Structures 7. Screened garbage and/or solid waste storage on a concrete pad, no nearer than 50 feet to an adjacent R-3.5, R-TH, R-5.0, R-7.5, R-12.5, R-20 zoned district, and not within the front setback. 8. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. I. Height regulations: The following maximum height regulations shall be observed: The maximum height of the principal structure shall be two stories not to exceed 35 feet. Whenever a multifamily structure is erected contiguous to an existing single-family dwelling, the number of stories and height of the multifamily structure shall not exceed the number of stories and height of the contiguous single-family dwelling. In no instance shall the height of a multifamily structure exceed two stories or 35 feet. 2. The maximum height of secondary structure shall be ene stery not exceed 15 feet. 3. The maximum height of a storage structure used for maintenance or mechanical equipment shall be one story not tG-exceed ten feet. Section 22A, R-MODH Modular Home District Regulations B. Secondary uses: The following uses shall be permitted as secondary uses to a single- family detached modular home provided that none shall be a source of income to the owner or user of the principal use: 1. Private garage. 2. Private swimming pool. 3. Storage Structures bergs 120 square feet or less and having no plumbing. 4. Cabana, pavilion, pergola, or roofed area. 5. Communication equipment meeting the requirements of Chapter 7, Article XII of the Grapevine Code of Ordinances. 6. Sale of merchandise or goods, including but not limited to garage sales and yard sales, shall be limited to a maximum of once per quarter, for a period not to AM24-05. Strikethrough_Underline Secondary Structures 382181 10 Secondary Structures exceed three continuous days. For the purpose of this paragraph, the month of January shall constitute the first month of the first quarter. With the exception of Item 6, 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, 20 feet from any street right-of-way, and six feet from rear and side lot lines. All secondary structures shall be setback from side and rear property lines a minimum of six feet. Secondary structures greater than 10 feet in height shall be set back from the side and rear property lines six feet plus one additional foot for each additional foot of height over 10 feet. E. Maximum Height and area regulations: 1. Principal structure: 2. Secondary structure: 3. Lot coverage by principal structure two (2) stories, 25 feet. One-step} 16 feet. €xGopt a cf whinh shall not evneed fen foot in height 40 percent of total lot area. Section 41, "PD" Planned Development Overlay D. Limitation of uses: Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. The following uses are expressly prohibited within a "PD" Planned Development Overlay and cannot be established as a permitted, conditional, or secondary use under any circumstances: 1. Freight forwarding warehouses. 2. Outside storage of material/equipment. 3. Retail establishments for used car sales and service. 4. Commercial parking lots. 5. Automotive repair garages. 6. Salvage/wrecking yards. 7. Retail sales of building material displayed in an unenclosed or incompletely enclosed area with outside storage. 8. Those uses specifically designated in paragraph D. Limitation of Uses in Section , "LI" Light Industrial District. 9. Off-premise/billboard signage. AM24-05. Strikethrough_Underline Secondary Structures 382181 11 Secondary Structures 10. Pawn shops. 11. All uses listed in Section 49, Special Uses. 12. Bed and Breakfast. 13. Residential properties consisting of one -lot. Section 42, Supplementary District Regulations Subsection C., Secondary structures bu#djng - 1. A seGendary building not eXGeeding ene story On height may C)GGUpy not mere than -0 peFGent-Gf a minimum required rear yard. These standards cannot be changed through a planned development overlav for an individual residential lot. Variations to the standards may only be granted as part of an entire residential subdivision prior to platting and the initial construction of the properties. 1. In residential zoning districts and on residential properties, the number of secondary structures is limited, as follows: a. No more than two (2) per lot or property, however specific zoning districts may limit the number of secondary structures to one: and o 0' • o primary and muct not eXGeed tho maximum buildonq area allowed fer the b. The following size limitations apply cumulatively to the maximum of two secondary structures on a single lot or property. Lot Size Limitation on Secondary Structure Size 5,000-7,499 sa. ft. 500 sa. ft. maximum and complving with all building setbacks 7,500-12,499 sa. ft. 1,000 sa. ft. maximum and comolving with all building setbacks 12,500-19,999 sa. ft. 1,500 sa. ft. maximum and complving with all building setbacks 20,000 sa. ft. and larger 1,500 sa. ft. maximum and complving with all building setbacks For lots 20,000 sa. feet and larger, a conditional use permit is required to exceed the maximum secondary structure size of 1,500 sa. ft or the maximum structure height of 16 feet. AM24-05. Strikethrough_Underline Secondary Structures 382181 12 Secondary Structures A seGendary building eXGeeding ene stery er mere in height may E)GGUpy not mere than nn nernent of tho minimum required roar yard 2. Secondary structures shall not have finished attics with habitable rooms or plumbing, and ceiling height shall be less than six feet -eight inches. 3. Additional secondary structure requirements: i. A secondary building structure attached to the main building shall be made structurally a part and architecturally cohesive, have a common wall with the main structure building and shall comply in all respects with the requirements of this ordinance applicable to the main structure. Unless se attached a secondary building in a residential district Mall be- IGGated entheroar eno_half of the lot and ii. Secondary structures shall bp at least ten feet from any dwelling or structure building existing or under construction on the same lot or any adjacent lot. In all residential districts, a buildingr structure attached to the principal building--er structure by only a breezeway having a malcimum which shall be) no wider than * six feet an(. shall be considered act a detached secondary building er structure. No building choll be I^^ated nearer than three feet to any side or roar lot Zino iv. In the nave of a For corner lot , no secondary structure building shall be located within any side yard required on the street side. ° garage detached from the main building, may he Ionated ne nearer than cix feet to any rear lot line and chall be subjeEt to the same side yard requirem ntc ac the --principal ctru,--.ture. v. Anv secondary structure with a roof pitch less than 3/12 cannot be taller than 12 feet in total height. 4. No swimming pool shall be located nearer than six feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. Below -ground swimming pools may be located no nearer than six feet to the side lot line adjacent to the street. On corner lots that require a side yard to be the same as required for the front yard, pools shall be located no nearer than 15 feet to the side lot line adjacent to the street. Swimming pools may be located nearer than ten feet from any dwelling or building existing structure, as long as the excavation of the swimming pool does not in any way harm or endanger the existing building or dwelling. 5. Play structures, including but not limited to tree houses, play houses, play forts, swing sets, jungle gyms, etc. where any portion of the structure exceeds eight feet in height above grade may only be placed behind the main structure, and shall be placed a minimum of six feet from any property line. AM24-05. Strikethrough_Underline Secondary Structures 382181 13 Secondary Structures Section 43, Nonconforming Uses and Structures J. Existing secondary structures: (a) Applicabilitv. Anv secondary structure lawfully constructed or lawfully permitted and under construction as of August 19. 2025, in accordance with all applicable ordinances and regulations in effect at the time of its permitting or construction, shall be deemed a legal, conforming structure, notwithstanding anv provisions of this Section or other amendments to the zoning ordinance adopted thereafter. (b) Continuation and Maintenance. Such existing secondary structures may continue to be used, maintained, repaired, and restored, provided that no expansion, enlargement, or alteration of the structure shall be made that increases its nonconformitv with the provisions of this Section or anv other applicable ordinance in effect after August 19, 2025. AM24-05. Strikethrough_Underline Secondary Structures 382181 14 Secondary Structures