Bryan City Zoning Code
CHAPTER 1164
Accessory Structures and Accessory Use Regulations
1164.01 GENERAL CRITERIA FOR ALL ACCESSORY STRUCTURES AND USES.
(a) Zoning Permit Required. The construction and installation of all accessory buildings and uses shall require a zoning permit, in compliance with the application requirements set forth in Section 1180.03.
(b) An accessory use which is clearly incidental and subordinate to a use listed in Chapter 1162 shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this section.
(c) The following shall be considered accessory uses in residential zoning districts:
(1) Accessory Storage Buildings, including Garages
(2) Family Day Care
(3) Home Occupations
(4) Private Swimming Pools
(5) Recreation and Community Facilities, intended for use by residents of a development in the R-3 district
(d) No accessory building, structure or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Zoning Code.
(e) No accessory structure shall be located within an easement.
(f) Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard. The parking setbacks set forth for the underlying commercial or industrial zoning district shall apply. All other buildings shall be considered principal buildings and shall conform to all lot and yard regulations and development plan review and approval requirements of the zoning district in which the lot is located.
(g) Landscaping and Incidental Structures Permitted. Hedges, shrubs, trees, flowers, plants, walks, latticework screens, mail boxes, lamp posts, bird baths, benches and similar landscaping features and incidental structures shall be permitted in a required yard provided such landscaping features and incidental structures comply with the visual clearance requirements for corner lots set forth in Section 1160.05.
(h) If any accessory structure is located within an easement, the owner of such accessory structure shall be responsible for any costs associated with the removal and/or replacement of the structure should access to the easement be required.
(i) Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located in accordance with the following restrictions:
Use | Yard Permitted | Minimum Setback from Lot Line | ||
Front | Side | Rear | ||
Attached Accessory Structure | None | (1) | (1) | (1) |
Detached Accessory Structures, Including garages | Side, Rear | NA | (2) | (2) |
Driveways | Front, Side, Corner Side, Rear | NA | 3 ft | 3 ft |
Fence, Walls | Front, Side, Corner Side, Rear | o | o | o |
Patios and decks | Front, Corner Side, Side, Rear | (1) | (2) | 8 ft |
Private Swimming Pools | Side, Rear | NA | (2) | (2) |
(1) Shall comply with the setback requirements for principal buildings. (2) Shall comply with the minimum side yard setback requirement for principal buildings. NA - Not Applicable | ||||
(Ord. 62-2023. Passed 1-16-24.)
1164.02 RESIDENTIAL GARAGE REQUIREMENTS.
Residential Garage Standards. Each dwelling unit shall be permitted to have only one (1) garage, attached or detached, which shall comply with the following:
(a) The area of such garage for a single-family dwelling shall not exceed the ground floor area of the dwelling.
(b) Each garage shall have a pedestrian exit other than through the garage door for the vehicles. (Ord. 62-2023. Passed 1-16-24.)
1164.03 MAXIMUM AREA AND REAR YARD COVERAGE OF ACCESSORY BUILDINGS.
The total area of all accessory buildings located in the rear yard shall not occupy more than thirty percent (30%) of the rear yard.
(Ord. 62-2023. Passed 1-16-24.)
1164.04 SWIMMING POOLS.
Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements of accessory structures set forth in this Section and the supplemental regulations set forth below.
(a) All swimming pools, together with adjacent walkways, shall be completely enclosed by a wall or fence having a minimum height of four (4) feet from ground level and shall be approved by the Zoning Administrator.
(b) For aboveground pools, the height of the pool, from the surrounding grade to the top of the pool wall, may be used as credit to meet the minimum fence height requirement.
(c) All fences and other pool enclosures shall be equipped with suitable locking devices to prevent unauthorized access. The enclosure shall be kept locked at all times the pool is not in use.
(d) Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.
(e) The construction and operation of a pool shall meet all other applicable City regulations. (Ord. 62-2023. Passed 1-16-24.)
1164.05 PONDS.
All regulations in Section 1164.04 shall also apply to any pond, with an area of less than 20,000 square feet, that is located on a residential lot.
(Ord. 62-2023. Passed 1-16-24.)
1164.06 OUTDOOR DISPLAY.
Outdoor display, when permitted as an accessory use according to Chapter 1162 shall comply with the following:
(a) Outdoor display of retail items, when permitted, shall be considered an accessory use and shall not exceed an area equal to twenty-five percent (25%) of the ground floor area of the principal building.
(b) Outdoor display areas shall comply with the yard regulations set forth in Section 1161.02 and be contiguous to the principal building; however, such areas shall be spaced a sufficient distance from the building, as dictated by the City Fire Chief, to satisfy all fire safety requirements.
(c) Outdoor display areas shall be depicted on the development plan and shall not occupy or interfere with traffic circulation, required parking areas, sidewalks or pedestrian access. (Ord. 62-2023. Passed 1-16-24.)