Town of Denton, MD Article VI Provisions and Standards for Accessory Structures

[Added 3-2-2017 by Ord. No. 683, effective 3-9-2017]

§ 128-26 Accessory Structures.

The following provisions and standards are applicable to all accessory structures as defined by this section for properties in residential and nonresidential zoned districts.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE

A structure located on the lot, the size and use of which is clearly subordinate and incidental to and associated with the principal structure. Examples of an accessory structure are barns, garages, carports, playhouses, sheds, private greenhouses, gazebos, storage buildings, boathouses and docks, wind-generating devices, solar arrays, swimming pool pumphouses, radio and television receiving antenna towers and dishes, and temporary and semipermanent or permanent storage containers.

ACCESSORY STRUCTURE, ATTACHED

An accessory structure that is attached to the principal structure in a substantial manner, for example, by a roof.

ACCESSORY STRUCTURE, DETACHED

An accessory structure detached from the principal structure.

ACCESSORY STRUCTURE, PERMANENT

For the purposes of this section, "permanent" shall mean any accessory structure located on a property for more than 30 days.

ACCESSORY STRUCTURE, TEMPORARY

For the purposes of this section, "temporary" shall mean an accessory structure located on a property for less than 30 days.

STORAGE CONTAINERS

Any factory-built container or part thereof designed or used for freight or storage, including, but not limited to, PODs, Conex boxes and sea-land containers.

SUBSTANTIAL ALTERATION, RECONSTRUCTION, OR REPAIR

Alteration, reconstruction, or repair of more than 50% of the structural supporting members of an accessory structure, measured by the length and width of the floor, wall, or roof where the reconstruction or repair is required.

B. Applicability. Where there is a conflict between a general requirement and specific requirement, the specific and most restrictive requirement shall be applicable. Specific requirements for accessory structures are as follows:

(1) Accessory structures located in environmentally protected or hazard areas, such as critical area, forest conservation, floodplains, and tidal and nontidal wetlands, shall be regulated by the applicable codes for size, location, and construction standards.

(2) Accessory structures located on a property in the Historic District Overlay shall be required to meet the Historic District design standards, in addition to the provisions of this section.

(3) Accessory structures greater than 200 square feet shall comply with Chapter 38, Building Construction, of the Town Code, in addition to the provisions of this section.

(4) Permanent attached accessory structures shall comply with Chapter 38, Building Construction, of the Town Code, in addition to the provisions of this section.

(5) Accessory structures, including storage containers, included in development site designs, requiring approval by the Planning Commission in accordance with § 128-84, shall comply with any conditions of the Planning Commission approval.

(6) Fences shall comply with the provisions of the Town Code § 128-125, Fencing/screening.

(7) All the provisions of the underlying zoning district shall apply unless modified by provisions of this section.

C. Partial invalidity. In the event that any part or provision of this section is held to be illegal or void, this shall not have the effect of making void or illegal any other provision of this section.

D. Administration and approval process.

(1) The applicant for an accessory structure proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.

(2) Administrative approvals. The Director of Planning and Codes ("Director"), or his or her designee shall approve, approve with conditions, or deny any application for an accessory structure that does not require:

(a) Substantial change to existing or new stormwater management requirements;

(b) Substantial change to existing or new parking, pedestrian or vehicular traffic requirements;

(c) Substantial change to existing or new forest conservation or any other habitat protection requirements;

(d) An increase in water and sewer allocations.

(3) All other applications for an accessory structure not permitted under § 128-26D(2) shall require Planning Commission approval in accordance with Chapter 128, Article XXIII.

(4) The Director or Planning Commission shall apply the standards set forth in in this section when reviewing an application.

(5) Expiration of approvals. Approvals shall expire two calendar years from issuance by the Director, or his or her designee, if substantial construction has not occurred.

(6) Time extensions of approved applications. Upon written notice by the applicant and payment of fees, the Director, or his or her designee, may grant a one-time extension of one calendar year, if the application is substantially the same and the accessory structure remains compliant with the provisions of this section. Notice of the decision by the Director, or his or her designee, shall be provided in writing.

(7) Modifications of approved plans. The applicant may request a modification of the approved plans, provided the modifications comply with the requirements of this section.

E. Development standards and approval criteria for property in residential zoned districts.

(1) Dimension, size, and location standards for residential zoned properties.

(a) Location. Accessory structures shall be located in the rear yard of the property. For the purposes of this section, the rear of the property is deemed opposite the elevation of the principal structure facing a primary street. Exception: For properties where accessory structures are historically located in the front yard, or if technically unfeasible to locate an accessory structure in the rear yard because of stormwater, forest conservation, tidal and nontidal buffers, or other required easements and buffers, the Planning Commission shall approve the accessory structure location.

(b) Rear and side yard setbacks. The rear yard setback shall be five feet, measured from the overhang of the roof structure to the rear property line, right-of-way, or easement line. The side yard setback shall be three feet, measured from the overhang of the roof structure to the property line, right-of-way, or easement line.

(c) Increased setback requirements. Accessory structures greater than 200 square feet and attached accessory structures shall be set back along the same plane and set back as the principal structure, or comply with the setback requirements as established as § 128-112.

(d) Size. The size of an accessory structure attributable to the principal and accessory structures' combined lot coverage shall not exceed 40% of the total lot coverage area of the property.

(2) Additional provisions for towers, antennas, wind-generating devices, and TV and satellite receiving dishes. All freestanding and detached towers, antennas, wind-generating devices, and TV receiving dishes shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anticlimb fencing and a landscape planting screen shall be in accordance with § 128-148, Bufferyards, and shall be provided and maintained around these structures and accessory attachments.

(3) Encroachments not permitted. No accessory structure shall encroach upon any adjoining property or public right-of-way, including but not limited to streets, alleys, and public or private easements.

(4) Style and exterior materials. The style, and exterior materials, and roof pitch of accessory structures shall be similar or compatible to the principal building and shall not be taller than 2/3 the height of the principal structure, measured from the peak to the adjacent finished grade.

(5) Nonconforming accessory structures. Substantial alterations from reconstruction, or repair of nonconforming accessory structures shall require a variance to the Board of Appeals in accordance with § 128-163D(3).

(6) Storage containers. Permanent storage containers shall not be located or installed on residential zoned properties.

F. Development standards and approval criteria for property in commercial, industrial, institutional, and all other zoned districts.

(1) Permanent storage containers and accessory structures in all nonresidential zoned districts shall be approved by the Planning Commission in accordance with Chapter 128, Article XXIII, of the Denton Town Code.

(2) Permanent storage containers. In addition to the other approval criteria of this chapter, permanent storage containers in any commercial, mixed-use, or public lands zoning district shall comply with the following standards. Exception: The Planning Commission may modify and amend the requirements for temporary and permanent storage containers on nonresidential zoned properties as a condition of the approval where such containers are an integral requirement of the business or use.

(a) One permanent storage container shall be allowed for properties that are less than or equal to one acre in size. A maximum of two permanent storage containers may be allowed for properties greater than one acre in size.

(b) Permanent storage containers shall be painted a neutral, earth-tone or otherwise site-compatible color. Color shall be uniform for the entire storage container. If permanent storage containers will be placed within 50 feet of each other on the same property, they shall be of the same color.

(c) Signs are prohibited on permanent storage containers, except those required that contain public safety information for the storage container.

(d) Permanent storage containers shall be located and screened to minimize visibility from surrounding streets and neighboring properties.

(e) No permanent storage container shall violate applicable zoning standards and shall not encroach into pedestrian or vehicle circulation areas, required parking areas, landscape areas, emergency accessways or vision clearance areas.

(f) No permanent storage container shall be allowed to be placed or remain in place in a state of disrepair. Examples of states of disrepair include, but are not limited to, any damage that compromises the intended shape (i.e., disfigurement) and/or function of the storage container, significant rust, or graffiti.

(g) Use of a permanent storage container is restricted to storage only. Any form of human occupancy shall be prohibited.

(h) Permanent storage containers shall not be used for any primary use.

(i) A permanent foundation is not required, but permanent storage containers shall be placed on a level surface of asphalt, concrete or other similar type materials approved by the Director, or his or her designee, or as applicable by the Planning Commission.

(j) Permanent storage containers shall not exceed a height of 20 feet.

(k) Permanent storage containers shall not be stacked.

(l) Total storage shall not exceed a gross floor area in accordance with § 128-75, Outdoor storage.

(3) Dimension, size, and location standards for property in commercial, industrial, institutional, and all other zoned districts.

(a) Location. Accessory structures shall be located on the property as approved by the Director, or his or her designee, or as applicable by the Planning Commission.

(b) Front, rear, and side yard setbacks. Setbacks for accessory structures shall be a minimum of three feet measured from the overhang of the roof structure for the rear yard, five feet from the overhang of the roof structure for the side yards, and 15 feet from the overhang of the roof structure for the front yard, measured from the applicable property line, right-of-way, or easement line.

(c) Setback requirements for corner lots. For the purposes of this section, the setback for accessory structures on corner lot properties is as follows:

[1] Primary street frontage: The setback for accessory structures shall be in accordance with the provisions for front yard setback established in § 128-26F(3)(b), and shall be measured from the applicable property line, right-of-way, or easement line.

[2] Secondary street frontage: The setback for accessory structures shall be in accordance with the provisions for side yard setback established in § 128-26F(3)(b) and measured from the applicable property line, right-of-way, or easement line.

(d) Requirement for increase in setback requirements. Setback requirements for front, rear, and side yards shall be increased from the minimum requirements established in § 128-26F(3)(b) of this section where, in the opinion of the Director, or his or her designee, or the Planning Commission determines the minimum requirements create an adverse impact to traffic, vehicular or pedestrian, parking, utilities, or environmentally sensitive areas, such as stormwater facilities, wetlands, or forest conservation areas.

§ 128-27 through § 128-28. (Reserved)