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HomeMy Public PortalAboutOrdinance No. 808-96 11-12-1996 ORDINANCE NO. 8 0 8- 9 6 AN ORDINANCE AMENDING CHAPTER 12 "ZONING" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY THE ADDITION THERETO OF A NEW SECTION 24 "RESIDENTIAL ACCESSORY BUILDING AND CARPORT REGULATIONS", AND A NEW SECTION 25 "COMII~RCIAL ACCESSORY BUILDING REGULATIONS' ; STATING REGULATIONS APPLICABLE TO ACCESSORY BUILDINGS AND CARPORTS; REPEALING EXISTING ORDINANCE PROVISIONS ON RESIDENTIAL ACCESSORY BUILDINGS, CARPORTS AND COMII~RCIAL ACCESSORY BUILDINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, ordinance provisions regulating accessory buildings and carports are currently scattered throughout the Code of Ordinances of the City of Richland Hills, Texas, as amended; and WHEREAS, the citizens of Richland Hills will be better served if such regulations are consolidated and coordinated in one, easily accessible place within the Code of Ordinances; and • WHEREAS, certain adjustments are necessary to the existing regulations concerning accessory buildings and carports; and WHEREAS, the following ordinance provisions will promote consistency in interpretation of regulations governing carports and accessory buildings within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Chapter 12 "ZONING" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of a new Section 24 "RESIDENTIAL ACCESSORY BUILDING AND CARPORT REGULATIONS" which new section shall hereafter be and read as follows: SECTION 24: RESIDENTIAL ACCESSORY BUILDING AND CARPORT REGULATIONS A. General Purpose and Description: An accessory building is a subordinate building detached from the main building, without sleeping areas, or kitchen facilities not used for commercial purposes, not rented and not occupied for human habitation, • except as otherwise allowed by City ordinance. Except for temporary accessory buildings allowed in Subsection C, no accessory building shall be constructed until a main building exists on the lot. ORDINANCE NO. PAGE 1 • B. General Accessorv Buildings: (1) Maximum Height - A single story with a maximum height of 12 feet as measured from average grade at a point 3 feet out from slab to the lowest point of overhang on roof. (2} Setbacks: (a) Front -behind the rear building line of the main structure. (b) Rear -Five (5) feet from property line or out of easement, whichever establishes a greater setback. (c) Side -Five (5) feet from property line or out of easement, whichever establishes a greater setback, for interior lots and fifteen (15) feet from property line where a lot is adjacent to a side street. (d) Buildings over 440 square feet must meet set back requirements of main structure. (3) Materials: • (a) Exterior wood siding and metal siding with a baked on enamel finish are permitted. Corrugated metal siding is not permitted. (b) Over 440 square feet design - must match existing main structure. C. Temporary Accessory Buildings: A property owner may erect a temporary accessory building provided that all of the following requirements are met. (1) The building must meet all of the requirements of the zoning district in which it is to be located. (2) The building must be permitted in conjunction with the issuance of a building permit for the main dwelling. (3) No accessory building may exist on a lot or tract without a main structure, or an active building permit for construction of a main structure. D. Carports: (1) Location: (a) Front: An attached carport may extend beyond the front building line (setback line), but in no case shall the structure extend more than twenty (20) feet from the point of attachment to the residence, or encroach upon the street right-of-way or any easement. ORDINANCE NO. 8 0 8- 9 6 PAGE 2 • (b) Side: Five (5) feet from the side property line or out of easement, whichever establishes the greater setback. (c) Rear: Five (5) feet from the rear property line or out of easement, whichever establishes the greater setback. (2) Construction Requirements: (a) Parking Surface: Carports must be erected over an approved surface. (b) Size: The roof assembly of a carport shall not exceed twenty (20) feet in length or twenty-four (24) feet in width. The inside vertical clearance shall not be less than seven (7) feet nor more than nine (9) feet. (c) Roof: (i) Roof design and pitch shall not exceed that of the main structure. (ii) Carport roofs, if metal, shall be corrosion resistant aluminum or steel painted with a baked on enamel finish • or equivalent. (iii) Metal roof carports must have a minimum slope of 1/4 unit vertical in 12 units horizontal (2%). (iv) Roof slope for hip or gable must follow Table 15B (or its equivalent) of the Uniform Building Code in effect at the time of construction. (d) Walls: A carport shall have at least three (3) open exterior walls. (3) A carport located in front of building shall not be used to store any items other than vehicles, including recreational vehicles and trailers if currently licensed. E. Accessory Buildings Housing Livestock In addition to the other requirements contained in this section, accessory buildings which house livestock shall be located at least fifty feet (50') from any human living quarters other than the owner or keeper's living quarters. II. That Chapter 12 "ZONING" of the Code of Ordinances of the City of Richland • Hills, Texas, as amended, be hereby amended by the addition thereto of a new Section 25 "COMMERCIAL ACCESSORY BUILDING REGULATIONS", which new section shall hereafter be and read as follows: ORDINANCE NO. 8 0 8- 9 6 PAGE 3 • SECTION 25: COMMERCIAL ACCESSORY BUILDING REGULATIONS A. General Purpose and Description: An accessory building is a subordinate building, detached from the main building. Except for temporary accessory buildings allowed in Subsection B, no accessory building shall be constructed or exist in a commercial or industrial zone. B. Temporary Accessory Buildings: Property owners may erect a temporary accessory building provided that all of the following requirements are met. (1) The building must meet all setback and ordinance requirements for the zoning district. (2) A site plan must be submitted to the Building Official for approval. (3) All impact fees must be paid on property before building is constructed or located. (4) The owner must agree to remove the building before the issuance of • a certificate of occupancy for the main structure. (5) No accessory building may be constructed or placed on property until a building permit for the main structure has been issued. III. That the following listed sections and subsections in the following listed chapters of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby repealed in their entirety; A. Subsections F, H and I of Section 16 "SCHEDULE OF DISTRICT REGULATIONS" of Chapter 12 "ZONING"; B. The extreme right hand column, labeled "ACCESSORY BUILDINGS" of the table appearing directly under the heading "SCHEDULE OF DISTRICT REGULATIONS" of Section 16 of Chapter 12 "ZONING"; C. Subsection B of Section 17 "SUPPLEMENTARY DISTRICT REGULATIONS" of Chapter 12 "ZONING"; D. Section 10 "METAL BUILDINGS" of Chapter 3 "BUILDING REGULATIONS". ORDINANCE NO. 8 0 8- 9 6 PAGE 4 • IV. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, 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 and 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. v. Saving Clause. That Chapters 3 and 12 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. VI. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 12thday of November, 1996, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: Jf`,,~.~--~` C. F. Kelley, Mayor ATTEST: Wil ' ,City Secret ry PR ED AS TO FORM AND LEGALITY: Paul F. Wieneskie, City Attorney rh1ib155/bh/110596 ORDINANCE NO. PAGE 5