04-11-08-Ordinance-Accessory Building Regulations-04/21/2008ORDINANCE #04-11-08
THAT CHAPTER 14, SECTION 34 "ACCESSORY BUILDING REGULATIONS" OF THE
CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS IS HEREBY AMENDED;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1. That Chapter 14, Section 34 of the Code of Ordinances, City of Sanger, Texas, is
hereby amended to read as follows:
"SECTION 34
ACCESSORY BUILDING REGULATIONS
34.1 In a residential or apartment district, an accessory building is a subordinate building exceeding
one hundred twenty (120) square feet of floor area, attached to or detached from the main building.
Accessory buildings shall have no sleeping areas, bathroom plumbing (except for hand sinks) or
kitchen facilities, shall not be used for *commercial purposes, shall not be rented and shall not be
occupied. A permanent or portable carport is also considered an accessory building. The regulations
detailed in Sections 34.4 through 34.6 below shall govern buildings and structures accessory to
single-family, two-family and multi -family residential uses, including both those attached to and
those detached from the main building. Where multiple accessory structures exist on the same site,
the combined sum of all accessory structures shall be used to determine the regulations applicable to
size.
* Commercial purposes, in this section, shall be defined as the use or occupation of people for a
public purpose or economic gain, which includes, but is not limited to retail sales, manufacturing, or
service industry that otherwise impacts the normal volume of traffic in the residential area.
34.2 In other districts, an accessory building is a subordinate building, the use of which is incidental
to and used only in conjunction with the main building and attached to or detached from the main
building. Accessory buildings shall have no sleeping areas, bathroom plumbing (except for hand
sinks) or kitchen facilities, shall not be accessible to the general public, and shall not be rented,
leased or sub -let. A permanent or portable carport is also considered an accessory building. The
regulations detailed in Sections 34.4 and 34.6 below shall govern buildings and structures accessory
to the main building, including both those attached to and those detached from the main building.
34.3 Accessory dwelling units in the Agriculture and Residential districts shall be allowed as an
incidental residential use of a building on the same lot or tract as the main dwelling unit and used by
the same person or persons of the immediate family when approved as a Specific Use Permit, and
meet the following standards:
A. The accessory dwelling unit must be constructed to the rear of the main dwelling. Each lot
must have a minimum of one-half (1/2) acre upon which an accessory dwelling unit may be
constructed.
B. The accessory dwelling unit may be constructed only with the issuance of a Building Permit.
C. The accessory dwelling unit may not be sold separately from sale of the entire property,
including the main dwelling unit, and shall not be sublet.
D. Setback requirements shall be the same as for the main structure.
34.4 No accessory building shall exceed twenty-five (25) feet in height, nor shall it be greater in
height than the main structure.
34.5 Area Regulation for Accessory Buildings In Residential and Apartment Districts:
A. Size of Yards:
1. Front Yard: Accessory buildings are not allowed within the required front yard, with
the exception of a garage or carport as outlined in subsection 4 below.
2. Side Yard: There shall be a side yard not less than three (3) feet from any side lot
line, alley line, or easement line; except that adjacent to a side street, the side yard
shall never be less than fifteen (15) feet.
3. Rear Yard: There shall be a rear yard not less than three (3) feet from any lot line,
alley line, or easement line. Carports, garages, or other accessory buildings, located
within the rear portion of a lot as heretofore described shall not be located nearer than
eight (8) feet to any side lot line.
4. Any garage or carport constructed in a residential or apartment district shall be set
back not less than twenty (20) feet from any street or alley line on which it faces.
34.6 Maximum number and size of accessory buildings:
A. In agricultural districts accessory buildings shall not exceed 30% of the square footage of the
lot.
B. In residential districts the number of accessory buildings shall be limited to two and the total
square footage of all accessory buildings combined shall be limited to 3000 square feet. In
no case shallthe gross area of the lot covered exceed the limitations provided under the
specific zoning districts.
C. In industrial districts the total square footage of all accessory buildings shall not exceed 30%
of the square footage of the lot. Warehouses in industrial districts are not considered
accessory buildings.
D. In districts other than agricultural, Industrial and residential the gross floor area of accessory
buildings shall not exceed 30% of the square footage of the main building or 3000 square feet
whichever is more. In no case shall the total square footage of all accessory buildings exceed
6000 square feet. In no case shall the area of the lot covered exceed the limitations provided
under the specific zoning districts. The total square footage of all accessory buildings shall
not exceed the square footage of the main building.
E. Churches regardless of the zoning district may have no more than two accessory buildings.
The total gross floor area of all accessory buildings shall not exceed 30% of the square
footage of the main building or 3000 square feet whichever is more. Accessory buildings
utilized by churches may be exempted from the requirements of Chapter 3 (Building
Regulations), Section 3.17 (Use of Metal Buildings Restricted) if approved by the planning
and zoning commission and city council.
F. Schools regardless of zoning district may utilize accessory buildings only as approved by the
planning and zoning commission and city council. Accessory buildings utilized by may be
exempted from the requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of
Metal Buildings Restricted) if approved by the planning and zoning commission and city
council."
Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
Section 3. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word,
phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining portions of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance of any such unconstitutional word,
phrase, clause, sentence, paragraph, or section.
Section 4. Any person, firm, or corporation who shall violate any of the provisions of this
article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the
general penalty provision found in Section 1.109 of this Code.
Section 5. This ordinance will take effect immediately from and after its passage and the
publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED, AND ADOPTED, this the 21 st day of April A.D., 2008, by
the City Council of the City of Sanger, Denton County, Texas.
ZPVED•
O eI-Riggs9 y
ATTEST a
Rosalie Chavez, City Secretary