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09-23-03-Ordinance-Accessory Building Regulations-09/02/2003ORDINANCE 09-23-03 THAT CHAPTER 14, SECTION 34, ACCESSORY BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED TO PROVIDE ACCESSORY BUILDING REGULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; 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, which has no sleeping areas, bathroom plumbing (except for hand sinks) or kitchen facilities, has no use for commercial purposes, is not rented and not occupied as a dwelling. A permanent or portable carport is also considered an accessory building. The regulations detailed in sections 34.3 and 34.4 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. 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. 34.3 No accessory building shall exceed twenty-five feet (25') in height, nor shall it be greater in height than the main structure. 34.4 Area Regulations for Accessory Buildings In Residential and Apartment Districts: 1. Size of Yards: a. Front Yard: Accessory buildings are not allowed within the required front yard. b. Side Yard: There shall be a side yard not less than eight feet (8') 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 twenty feet (20'). Rear Yard: There shall be a rear yard not less than ten feet (10') 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 feet (8') to any side lot line. d. Any garage or carport constructed in a residential or apartment district shall be set back not less than twenty feet (20') from any street or alley line on which it faces." 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 2nd day of September A.D., 2003, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: T mmy IC ncaid, Mayor ATT T: r e' Rosalie Chavez, City Secretai ,---APPROVED AS TO FORM: CITY ATTORNEY