HomeMy WebLinkAboutOrd 913-2021 Amending Code Ch 9 Accessory BuildingsCITY OF ANNA, TEXAS
ORDINANCE NO, Q16' 4R021
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE % Il I %S CODE OF
ORDINANCES BY AMENDING CHAPTER 9 (PLANNING AND DEVELOPMENT
REGULATIONS); PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY
CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the subdivision of land, zoning, landscape regulations, and tree
preservation in the City; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna ("City Council") have given the requisite notices and have held the public hearings as
required by law and afforded a full and fair hearing to all persons interested in and situated in the
affected area and in the vicinity thereof, the City Council has concluded that the Article 9.04 Zoning
Ordinance of the City should be amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
In accordance with Article 1.01 of the Anna
amendments made to Chapter 9 (Planning and
as follows.'
City Code of Ordinances ("Anna Code"), the
Development Regulations) are hereby amended
ARTICLE 9.04 ZONING ORDINANCE
3
ec.9.04.004 Definitions
[...]
Accessory building or use means a building or use which:
t Additionally, throughout Chapter 9 (Planning and Development Regulations), this Ordinance shall permit Franklin Publishing to
update references as necessary, such as:
The numbering of Appendix 3. Descriptions/Definitions and any references to them in Appendix 2. Schedule of Uses and
throughout the Zoning Ordinance.
1
(1) Is subordinate to and serves a principal building or principal use;
(2) Is subordinate in area, extent, or purpose to the principal building or
principal use served ;
(3) Contributes to the comfort, convenience and necessity of occupants of
the principal building or principal use served; and
(4) Is located on the same building lot as the principal use served. #
Sec. 9.04.034 Supplementary district regulations
(a) Accessory buildings. The following regulations shall govern the location,
size, and use of any accessory buildings:
(1) No accessory building shall be erected in any required yard area
as stipulated in this article, except as allowed in the following
subsections.
not be located within five feet of the main dwelling,
(3) No detached residential garage or carport shall be erected or
placed closer to any street or alley right-of-way line than the
minimum yard requirements (building setback line) governing the
district in which such garage or carport is located.
(4) No detached residential garage or carport shall be erected or
placed within eight feet from any side lot line.
(5) Residential accessory buildings and sheds housing domestic lawn
and garden equipment and all other household effects may be
detached or attached to the main building but shall not encroach
in any required front yard and may not occupy more than 30% of
the rear yard.
(6) Attached accessory structures that encroach the rear yard setback
may not be converted to livable space and must remain open-air
with three or less walls.
2
�7T64 No accessory building shall be used for dwelling purposes other
than by domestic employees employed on the premises, as
provided in the applicable zoning district.
No accessory building shall be higher than the main building and
in no case be in excess of 18 feet in height.
9�%83 No accessory building shall be erected or placed within five feet
of any side or rear lot line and shall not encroach upon any
easement.
(c) Projections of buildings, structures, and appurtenances into required
yards.
[...]
(3) An unenclosed porch containing not more than 40 square feet
may project into a required front yard for a distance not to exceed
five feet. An unenclosed porch/patio may not occupy more than
30% of the rear yard or be placed within five feet of any side or
rear lot line and shall not encroach upon any easement. An
unenclosed porch encroaching any yard setback may not be
converted to livable space and must remain open-air with three
or less walls.
(5) Eaves, covered porches, and roof extensions without structural
support in the rear yard may extend into the rear yard a distance
not to exceed four feet. Balconies shall not proiect into the
required rear yard.
Every part of a required yard shall be open to the sky,
unobstructed by a building, except for the ordinary projections of
sills, belt courses, cornices, and ornamental features not
exceeding twelve inches, or as otherwise excepted in
subsections (1) through kQ(4} above. Roof eaves may project in
required side yards not to exceed twenty-four inches.
Appendix 1. Zoning District Area Regulations
*01
3
The required rear yard shall be open and unobstructed to the sky from
point 30 inches above the average elevation of the • .•-• rear yard,
except far aGGesserypermitted herein. Eaves, GGV8Fed.
may exteRd inte the Fear yard a distaRGe..
E3a!Gen'es shall not prGjeGt inte the required rear yard. in Sec. •/.1 .
Supplementary Regulations,
Appendix 3. Descriptions/Definitions of Uses
3.7 Accessory uses
3.7.1 Accessory building or use: An accessory building or use is one which: (i)
is subordinate to and serves a principal building or principal use; and (ii) is
subordinate in area, extent, or purpose to the principal building or principal use
served
;
and (iii) contributes to the comfort, convenience and necessity of occupants of
the principal building or principal use served; and (iv) is located on the same
building lot as the principal use served. If connected to the principal building,
an open-air structure with three or less walls is not cnnsiderPci a huildinn
addition of the main building.
Section 3. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed the lesser of $2,000 or the highest amount allowed by
applicable law for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and posting and/or
publication, if required by law, of its caption. The City Secretary is hereby authorized and directed
to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 13th day of July 2021.
ATTESTED:
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at Pike, Mayor
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CITY OF ANNA
CITY COUNCIL
July 13, 2021
Agenda Item: Text Amendments
DESCRIPTION:
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding an amendment to
Article 9.04 (Zoning Ordinance) for accessory buildings and rear yard setback regulations.
One of the Planning &Zoning Commission's duties is to hold public hearings and make
recommendations to the City Council relating to the creation, amendment, and implementation of
zoning regulations. Changes to the zoning regulations may only be amended by ordinance which
requires a public hearing before the Planning & Zoning Commission and City Council.
The city was approached by a neighbor whose building permit for an attached pergola and arbor
was denied due to the structure extending into the rear yard setback. Staff has had several
interactions with neighbors who face similar situations where an attached patio structure would
be denied however a detached structure would be permitted.
ISSUES:
Attached accessory structures within the rear yard setback
Within Section 9.04.034 (Supplementary district regulations) of Article 9.04 Zoning Ordinance,
there is conflicting regulations for accessory buildings and whether or not they're allowed in the
required rear yard setback.
The regulations initially state that no accessory building shall be erected in any required yard area
however later states that residential accessory buildings may not occupy more than 30% of the
rear yard.
Staff believes it is in the best interest of the community to amend the regulations to allow both
attached accessory structures and detached accessory structures within the rear yard setback so
long as the structure does not occupy more than 30% of the rear yard.
Additionally, further detail is needed to clarify the deference between an attached accessory
structure and a building addition. An attached accessory structures must remain open-air with
three or less walls and may not be converted to livable space.
Page 1 of 4
SUMMARY:
The requested amendments to the Zoning Ordinance will improve staff efficiency, clarify the
City's development regulations and standards, and reduce costs to neighbors, developers, and
property owners.
RECOMMENDATION:
Recommended for approval as follows: (additions are indicated in green, underlined text;
deletions are indicated in red, strikethrough text).
Sec.9.04.004 Definitions
Accessory building or use means a building or use which:
(1) Is subordinate to and serves a principal building or principal use;
(2) Is subordinate in area, extent, or purpose to the principal building or principal use
served and is of nh siGal/v rnnnonted t9 the nrinninal buildhgg•
(3) Contributes to the comfort, convenience and necessity of occupants of the principal
building or principal use served; and
Building means any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or more
unpierced walls extending from the ground up, each part is deemed a separate building, except
as regards minimum side yards.
Main building means a building in which is conducted the principal use of the lot on which it is
situated.
Rear yard. The required rear yard is an open space unoccupied and unobstructed except for
accessory uses extending across the rear of a lot from one side lot line to the other side lot line,
the depth of which is dependent upon the zoning district in which the lot is located.
Sec. 9.04.034 Supplementary district regulations
(a) Accessory buildings. The following regulations shall govern the location, size, and use of
any accessory buildings:
(1) No accessory building shall be erected in any required yard area as stipulated in
this article, except as allowed in the following subsections.
or
•IYAUQ111figmW
Page 2 of 4
(3) No detached residential garage or carport shall be erected or placed closer to any
street or alley right-of-way line than the minimum yard requirements (building setback line)
governing the district in which such garage or carport is located.
(4) No detached residential garage or carport shall be erected or placed within eight
feet from any side lot line.
(5) Residential accessory buildings and sheds housing domestic lawn and garden
equipment and all other household effects may be detached or attached to the main
building but shall not encroach in any required front yard and may not occupy more than
30% of the rear yard.
(6)
Attached
accessory
structures
that encroach the rear yard
setback may not be
converted to
livable space
and must
remain open-air with three
or less walls.
f�{&) No accessory building shall be used for dwelling purposes other than by domestic
employees employed on the premises, as provided in the applicable zoning district.
No accessory building shall be higher than the main building and in no case be
in excess of 18 feet in height.
No accessory building shall be erected or placed within five feet of any side or
rear lot line and shall not encroach upon any easement.
(c) Projections of buildings, structures, and appurtenances into required yards.
(3) An unenclosed porch containing not more than 40 square feet may project into a
required front yard for a distance not to exceed five feet. An unenclosed porch/patio may
not occupy more than 30% of the rear yard or be placed within five feet of any side or rear
lot line and shall not encroach upon any easement. An unenclosed porch encroaching any
yard setback may not be converted to livable space and must remain open-air with three
or less walls.
j51 Eaves, covered porches, and roof extensions without structural support in the rear yard
may extend into the rear yard a distance not to exceed four feet. Balconies shall not project
into the required rear yard.
f8).(& Every part of a required yard shall be open to the sky, unobstructed by a building,
except for the ordinary projections of sills, belt courses, cornices, and ornamental features
not exceeding twelve inches, or as otherwise excepted in subsections (1) through L5104
above. Roof eaves may project in required side yards not to exceed twenty-four inches.
ix 1. Zoning District Area Regulations
'he average elevation of the graded rearyard, except Aqr- aGGe&se�y bu#G(ings as permitted hprQip
e wt�q P d in to the rear- a d4stamp, rUe P ot tO e *Geed four- feet. galeepies shag Pet pFqeGt inte the
�equked Fear- ya4 in Sec. 9. 040 034 Supplementary District Regulations.
Appendix 3. Descriptions/Definitions of Uses
3.7 Accessory uses
Page 3 of 4
3.7.1 Accessory building or use: An accessory building or use is one which: (i) is
subordinate to and serves a principal building or principal use; and (ii) is subordinate in
area, extent, or purpose to the principal building or principal use served a is ryet
and (iii) contributes to the comfort,
convenience and necessity of occupants of the principal building or principal use served;
and (iv) is located on the same building lot as the principal use served. If connected to the
principal building, an open-air structure with three or less walls is not considered a building
addition of the main building.
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