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