§ 35. Accessory structure and use regulations.

35.1

In a single-family or multifamily district, an accessory structure is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory structures shall be located toward the rear portion of the property, and shall conform to applicable provisions of the building code. (Also see section 37 for exterior construction standards.)

35.2

In nonresidential districts, an accessory structure is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory structures shall not be permitted without a main building or primary use being in existence. Accessory structures should, wherever possible, be located toward the rear portion of the property. Accessory buildings shall conform to applicable provisions of the building code. (Also see section 37 for exterior construction standards.)

35.3

Accessory dwelling units in the AG, EE-32 and SF-16 zoning districts shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and shall meet the following standards:

A.

The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling.

B.

The accessory dwelling unit may be constructed only with the issuance of a building permit, and shall be constructed of masonry materials that are similar in appearance to the main structure if over 240 square feet in size.

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.

E.

Accessory dwellings are not permitted without the main or primary structure.

35.4

Accessory dwellings shall conform to the height limitations of the zoning district in which it is located. No such accessory dwelling or quarters shall be used or occupied as a place of abode or residence by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one accessory dwelling unit (i.e., garage/accessory dwelling, servants/caretakers quarters, etc.) shall be allowed on any lot within a residential zoning district, and they shall be clearly incidental to the primary use. These accessory living structures shall not, in any case, be leased or sold.

35.5

Area regulations for accessory buildings in residential and multifamily districts.

A.

Size of yards.

1.

Front yard. Detached accessory buildings shall be prohibited in front of the main building.

2.

Side yard. There shall be a side yard not less than three feet from any side lot line or alley line for any accessory building provided that such building is separated from the main building by a minimum distance of ten feet. In the case of an accessory building being closer than ten feet to the main building, the minimum side yard requirements for the main building shall be observed. Accessory buildings adjacent to a side street shall have a side yard not less than 15 feet. Garages or carports located and arranged so as to be entered from an interior side yard shall have a minimum setback of 25 feet from the side lot line. Carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required yard for the main building or 25 feet, whichever is greater.

3.

Rear yard. There shall be a rear yard not less than three feet from any lot line or alley line, except that; a) where apartments are permitted, the main building and all accessory buildings shall not cover more than 60 percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line; b) carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than ten feet to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building; or c) accessory buildings constructed ten feet or more from the main building shall have a rear yard of three feet. If an alley exists, accessory buildings may be located within three feet of a rear lot line if the maximum (e.g., ridge) height of the building is no greater than eight feet and if a solid fence or wall of the same height is built on the rear lot line to screen the building from property located to the rear. Garages or carports that are arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear property line or alley easement line a minimum distance of 25 feet.

4.

[Setbacks for carports.] Setbacks for carports shall be measured from the part of the carport (usually the roof) that is closest to the street or alley (see illustration 38-2), and shall not project beyond the front façade of the house and shall be constructed of materials like the main building(s) on the premises if located in the side yard and is visible from the street. In single-family and two-family zoning districts, carports shall be a maximum size of 24 feet deep and 24 feet wide. In multifamily and nonresidential zoning districts, carports shall be a maximum size of 12 bays in width and 24 feet deep.

B.

Accessory buildings are not permitted without a main structure.

C.

Barns, stables, or other accessory structures designed to house animals shall be located in accordance with the regulations as set forth in the animal control ordinance, chapter 3 of the Terrell Code of Ordinances as adopted or amended.

D.

Accessory buildings shall not exceed the height allowed for such buildings in the specific zoning district wherein it is located. Garage/accessory dwelling units up to two stories are allowed in certain districts (see section 32.2) by SUP if there is no adverse impact upon adjacent properties. Accessory dwellings located in single-family districts shall only be occupied by persons related to the occupants of the main dwelling and shall not be rented, leased or sold separately from the main structure.

E.

Exterior construction standards for accessory buildings. See section 37 of this ordinance.