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ORDINANCE 2367
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING ORDINANCE NUMBER 1874, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO
AMEND REGULATIONS FOR ACCESSORY BUILDINGS; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has issued a moratorium on the issuance of building
permits for accessory buildings which exceed twelve feet in height, and
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874, the Zoning
Regulations of the City of North Richland Hills to adopt new regulations for accessory
buildings as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1.
THAT, in Case Number PZ 98-42, Section 630, Accessory Buildings is amended to
read as follows:
Section 630. ACCESSORY BUILDINGS AND STUCTURES
A. Primary Structure Required - An accessory building or structure shall only be
allowed where a primary building exists, except on land zoned AG - Agricultural.
B. Temporary Accessory Buildings and Structures - A temporary accessory building or
structure shall be constructed in such a manner that it shall be portable, easily
transportable, and capable of being moved without disassembly or damage and
shall comply with the following:
1. Property Location Criteria: A temporary accessory building or structure may be
placed on an adjacent lot or tract, provided that the two properties are
contiguous, fenced as one lot, and under common ownership.
2. Applicable Zoning Districts: Temporary accessory buildings and structures shall
be allowed in any residential district, or the agricultural district.
3. Front Building Line: A temporary accessory building or structure shall not be
located in the front yard.
4. Side Building Line:
a. Interior Lots: 3 feet
b. Corner Lots:
(1) 3 feet on the interior side
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(2) Same as the primary building for the side yard adjacent to the street
5. Rear Building Line: 3 feet and may encroach a utility easement, but not a
drainage easement
6. Maximum Height: 12 feet
7. Maximum Total Floor Area: 200 square feet
8. Maximum Number Allowed: Two with minimum 3' separation
9. Effect on Rear Yard Open Space: Temporary accessory buildings or structures
shall have no effect in calculating the Rear Yard Open Space requirement.
10. Use: A temporary accessory building shall not be used for business or dwelling
purposes.
11. Masonry Requirement: None
C. Permanent Accessory Building and Structures - Permanent accessory buildings and
structures, except carports or garages, which are constructed as an integral part of a
concrete slab, concrete beam or with concrete piers, shall comply with the following
requirements:
12. Property Location Criteria: A permanent accessory building or structure shall be
located on the same tract or lot as the primary building.
13. Applicable Zoning Districts: Permanent accessory buildings and structures shall
be allowed in any zoning district.
14. Front Building Line: A permanent accessory building or structure shall not be
located in the front yard.
15. Side Building Line: Side yard setback shall be the same as for the primary
building.
Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard
setback shall be as follows:
a. Interior Lots: 6 feet
b. Corner Lots:
(1) 6 feet on the interior side
(2) Same as the primary building for the side yard adjacent to the street
16. Rear Building Line: 10 feet
17. Maximum Height: 15 feet.
18. Maximum Total Floor Area: 500 square feet
19. Maximum Number Allowed: one
20. Effect on Rear Yard Open Space: Permanent accessory buildings and structures
shall have no effect in calculating the Rear Yard Open Space requirement.
21. Use: An accessory building shall not be used for business or dwelling purposes
in any residential zoning district
22. Easements: A permanent accessory building or structure shall not be located
within a utility, access, or drainage easement.
23. Design Criteria:
a. Pitch of the Roof: The pitch of the roof shall be the same as the
primary strucutre.
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b. Masonry Requirement: The structure shall conform to the masonry
requirement of the zoning district.
D. Carport Regulations - A carport shall comply with the following:
1. Property Location Criteria: A carport shall be located on the same tract or lot as
the primary structure.
2. Applicable Zoning Districts: A carport shall be allowed in any zoning district.
3. Front Building Line: A carport shall not extend beyond the front building line.
4. Side Building Line: Side yard setback shall be the same as for the primary
structure.
Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard
setback shall be as follows:
a. Interior Lots: 6 feet
b. Corner Lots:
(1) 6 feet on the interior side
(2) Same as the primary structure for the side yard adjacent to the street
5. Rear Building Line: 10 feet
6. Maximum Height: 15 feet
7. Maximum Size: 360 square feet
8. Maximum Number Allowed: one
9. Vehicle Parking Surface: A carport shall be on concrete and have concrete
access to a public street.
10. Effect on Rear Yard Open Space: A carport shall have no effect in calculating
the Rear Yard Open Space requirement.
11. Use: A carport shall not be used for business or dwelling purposes in any
residential zoning district.
12. Carport Entry Distance: Minimum distance between a side or rear property line
and a carport entry shall be 20.5 feet.
13. Design Criteria:
a. Pitch of Roof: The pitch of the roof shall be the same as the primary
structure.
b. Support Columns: The columns or posts supporting the roof structure
shall conform to the masonry requirements of the district.
E. Detached Garages - A detached garage that is constructed as an integral part of a
concrete slab, concrete beam or with concrete piers, shall comply with the following
requirements:
1. Property Location Criteria: A detached garage shall be located on the same tract
or lot as the primary structure.
2. Applicable Zoning Districts: A detached garage shall be allowed in any zoning
district.
3. Front Building Line: A detached garage shall not extend beyond the front
building line. Within subdivision in the R1, R1S and R2 Districts in which the
subdivision plat is submitted for approval after January 1, 1990, only side entry,
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rear entry or front entry garages set back thirty (30) feet off the building line shall
be allowed.
4. Side Building Line: Side yard setback shall be the same as for the primary
structure.
Exception: In the R-1, R-1-S, R-2, R-3, R-4D, and R8 Districts, side yard
setback shall be as follows:
a. Interior Lots: 6 feet
b. Corner Lots:
(1) 6 feet on the interior side
(2) Same as the primary structure for the side yard adjacent to the street
5. Rear Building Line: 10 feet
6. Maximum Height: 15 feet.
7. Maximum Total Floor Area: 500 square feet
8. Maximum Number Allowed: one
9. Vehicle Parking Surface: A detached garage shall have concrete access to a
public street.
10. Effect on Rear Yard Open Space: A detached garage shall have no effect in
calculating the Rear Yard Open Space requirement.
11. Use: A detached garage shall not be used for business or dwelling purposes in
any residential zoning district
12. Garage Entry Distance: Minimum distance between a side or rear property line
and a garage entry shall be 20.5 feet.
13. Design Criteria:
a. Pitch of Roof: The pitch of the roof shall be the same as the primary
structure.
b. Masonry Requirement: The structure shall comply with the masonry
requirement of the zoning district.
2.
That, in Case Number PZ 98-42, Section 635, Permanent Type Accessory Buildings is
hereby deleted.
3.
THAT, in Case Number PZ 98-42, Section 640, Additional Agricultural Accessory
Building Requirements is amended to read as follows:
Section 640. ADDITIONAL ACCESSORY BUILDING REQUIREMENTS FOR THE
AG-AGRICUL TURAL AND R1 S-SPECIAL RESIDENTIAL ZONING DISTRICTS
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Accessory buildings located in the AG Agricultural District and the R-1-S Residential
District shall be exempt from the height limit and masonry requirement contained in
Section 630, Permanent Type Accessory Buildings and Structures.
1. Accessory buildings in the Ag-Agricultural District and the R1 S-Special
Residential Districts shall not be used for as a dwelling unit or for commercial/
business purposes.
2. Maximum Square Footage: The square footage of the structure is limited to 5%
of the total lot or tract area.
4.
THAT, in Case Number PZ 98-42, the definition for Accessory Building contained in
Section 1100, Definitions, is hereby amended to read as follows:
Accessory Building or Structure - A building or structure detached from the principal
building, the use of which is incidental and subordinate to the principal building.
5.
THAT, in Case Number PZ 98-42, the definition for Main Building is hereby deleted and
replaced by inserting the following:
Principal Building - A building in which is conducted the principal use of the lot on
which it is located.
6.
THAT, in Case Number PZ 98-42, the definition for Reverse Corner Lot is hereby
renamed as Transverse Corner Lot and the definition changed to read as follows: A
corner lot in which a side lot line abuts the rear lot line of an adjacent lot.
7.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the section, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
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8.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage.
RECOMMENDED AND APPROVED BY THE PLANNING AND ZONING
COMMISSION THIS 11th DAY OF FEBRUARY 1999.
- /4 #~f--->4
Secretary, Planning and Z9.f.1fhg Commission
(",01(' .. Q r-'~I ' ~
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Chairman, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL T('l. . 7d D ~F FEBRUARY
1999. .
'14t.~ " v;<-
Mayor Charles Scoma
City of North Richland Hills, Texas
ATTEST:
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City Secretary
City of North Richland Hills, Texas
APPROVED AS TO CONTENT:
Department Head
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APPROVED AS TO FORM AND L GAL/TY:
Attorney
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