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HomeMy WebLinkAboutOrdinance 2367 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 Ord.2367 Page 1 (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. Ord. 2367 Page 2 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, Ord. 2367 Page 3 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 Ord.2367 Page 4 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. Ord. 2367 Page 5 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 ' ~ " " I \ n 1 '-. .\. .. ,'. \ C¿' j:\..fl.J '.1.--" \J}J ,) /' '" ) l ./ 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: ødt;Vðræ~ City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head Ord. 2367 Page 6 APPROVED AS TO FORM AND L GAL/TY: Attorney Ord. 2367 Page 7