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OR 91-500-A-128 Amends Sect.35, Accessory Building Regulation AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDNANCE NO. 91500A128 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDIHANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDS, BY AMENDING SECTION 35, ACCESSORY BUILDING REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance should be amended. NOW, Tm*JIEI*ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by amending Section 35, in part, to read as follows: "SECTION 35 - ACCESSORY STRUCTURES REGULATIONS 35-1. Non-Residential and Multi-Family Residential Use~.~. With the exception of swimming pools and spas, each building and structure used for or accessory to non-residential or multi- family residential purposes shall be considered a principal building as defined in Section 42-24. The regulations detailed in 35-3 of this section shall govern the location of swimming pools and spas accessory to non-residential and multi-family residential uses. 35-2. Single-Family and Two--Family Residential Use,s. Buildings and structures accessory to single-family and two-family residential uses 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. Accessory buildings and/or structures shall not be located in a required front yard. With the exception of swimming pools and spas, the regulations detailed in Paragraphs A, B and C below shall govern buildings and structures accessory to single-family and two-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. The regulations detailed in 35-3 of this section shall govern the location of swimming pools and spas accessory to single-family and two-family residential uses. A. Accessory buildings that are less than 150 square feet in area shall observe the following regulations: 1. Maximum Height - 10 feet 2. Minimum Setbacks: (a) Rear: i. 3 feet when the rear property line is adjacent to an alley and the roof overhang into the setback is no greater than 18 inches. ~: When the accessory building is a garage or carport, the rear setback shall be no less than 20 feet. ii. the same as the required front yard setback when the rear property line is adjacent to a street. iii. 10 feet when the rear property line is not adjacent to an alley or street. Co) Side: i. 3 feet when the accessory building is located at least 5 feet behind the main building and the roof overhang into the setback is no greater than 18 inches. When the accessory building is not located at least 5 feet behind the main building, the minimum side yard setback for the accessory building will be the same as the minimum side setback required for the main building. Exception: When the accessory building is a garage or carport with side alley access, the side setback on that side shall be no less than 20 feet. ii. 15 feet from a side property line that is adjacent to a side street. iii. l0 feet from the main structure on an adjacent property. 3. Mate0als: Exterior grade wood siding is permitted on accessory buildings that are less than 150 square feet in area, provided that the wood is painted with a color that closely resembles the color of the main structure. One metal accessory building, or one accessory building with a metal roof, is permitted on any one building lot, provided it is less than 150 square feet in area. ur ~ ~ B. Accessory buildings that are 150 square feet in area, or more, shall observe the following regulations: 1. Maximum Height - 12 feet 2. Minimum Setbacks: (a) Rear: i. 10 feet ~: When the accessory building is a garage or carport with rear alley access, the rear setback shall be no less than 20 feet. ii. the same as the required front yard setback when the rear property line is adjacent to a street. (b) Side: i. The same as the minimum setback required for the main structure. ~: When the accessory building is a garage or carport with side alley access, the side setback on that side shall be no less than 20 feet. ii. 15 feet from a side property line that is adjacent to a side street. iii. 10 feet from the main structure on an adjacent property. 3. Materials: 80% of the exterior walls must be masonry that closely resembles the masonry used in the main building. For accessory structures 300 square feet in area or less, posts spaced at least 6 feet apart and banisters and railings less than 3 feet in height shall not be considered exterior walls and shall not be subject to masonry 35-3 In-ground and above-ground swimming pools and spas: A. Maximum hei_~ht: 4 feet B. Minimum Setbacks: 1. Rear: (a) 5 feet from the rear property line to the outside of the pool liner, except when the rear property line is adjacent to a street. (b) the same as the required front yard setback when the rear property line is adjacent to a street. 2. Side: 15 feet from the side property line to the outside of the pool liner. C. Distance from the Main Structure: no less than 5 feet from the main structure to the outside of the pool liner. D. Distance from 100-year Flood: When land has been reclaimed from the 100-year-flood by means of fill dirt retained by a retaining wall or by the headwall or bulkhead of a lake or pond, no swimming pool or spa shall be constructed within 10 feet of such retaining wall, headwall or bulkhead, as measured from the outside of the pool liner. E. Distance between Single-Family/Two-Family Residential LI~ an~l Non- Residential/Multi-Family Residential Swimming Pools/S_tms: When property occupied by non-residential and/or multi-family residential uses abuts a single-family and/or two-family zoning district, swimming pools and spas accessory to non-residential and multi-family residential uses shall be located no closer than 50 feet to the single-family or two-family zoning district, as measured from the outside of the pool liner." SECTION 2. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 3. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shah be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shah be deemed to constitute a separate offense. SECTION 6. That this ordinance shall lake effect immediately from and after its passage, as the law and charter in such cases provide. DUI~_ ~SSED by the City Council of the City of CoppeH, Texas, this the /.~--J~day of _ _ , 1996. APPROVED: TOM MORTON, MAYOR ATTF_~T: APPROVF. J> AS TO FORM: PETER G. SMITH, CITY ATI'ORNEY