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Lake Dallas City Zoning Code

ARTICLE XX

ACCESSORY BUILDINGS, STRUCTURES, AND MECHANICAL EQUIPMENT2

Footnotes:
--- (2) ---

Editor's note— Prior to the reenactment of article XX by Ord. No. 2019-19, § 1, adopted May 23, 2019, Ord. No. 2019-18, § 1, adopted May 23, 2019, repealed the former article XX, sections 122-791—122-807 in its entirety, which pertained to signs and derived from Ord. No. 06-09, § 2, adopted March 23, 2006; Ord. No. 07-13, § 1, adopted May 24, 2007, and Ord. No. 09-10, § 1, adopted May 14, 2009.  For current provisions pertaining to signs, the user's attention is directed to chapter 80 of this Code.


Sec. 122-791. - Generally.

Accessory buildings and structures and mechanical equipment shall be constructed and used in compliance with this article and the development regulations relating to the zoning district in which the accessory building or structure is located and generally located as shown in Figure 1 as follows:

Figure 1

122-791-01

(Ord. No. 2019-19, § 1, 5-23-2019)

Sec. 122-792. - Mechanical equipment.

Mechanical equipment installed other at other than a rooftop location shall be located as follows:

(1)

Mechanical equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard;

(2)

When possible, mechanical equipment shall be placed so that it is not visible from adjacent public streets;

(3)

Mechanical equipment may be placed in a side yard abutting a side street if:

a.

Lot or building constraints from prevent placing it in the other side yard;

b.

The equipment is screened from street view with a fence or landscape screen; and

(4)

Any installation of mechanical equipment shall require a building permit.

(Ord. No. 2019-19, § 1, 5-23-2019)

Sec. 122-793. - Swimming pools.

The location of a swimming pool located on a lot with a single-family dwelling shall be subject to the following:

(1)

The swimming pool may be constructed no closer than:

a.

Five feet from any other building and structure located on the same lot; and

b.

Three feet from the side and rear lot line of the lot; and

(2)

The swimming pool shall not encroach on an easement.

(Ord. No. 2019-19, § 1, 5-23-2019)

Sec. 122-794. - Development standards.

Accessory buildings and structures shall be constructed and located in compliance with the following:

(1)

The combined square footage of the principal structure and all accessory structure(s) shall not exceed the maximum lot coverage specified in subsection 122-734(d) or the regulations governing a planned development district or set forth in a special use permit;

(2)

Accessory buildings and structures, with the exception of non-residential detached carports, gas station canopies, gas station car wash facilities, and security/entry booths, are prohibited in front or side yards;

(3)

Measured from the ground to the highest point on the roof:

a.

The height of an accessory structure shall not be greater than 15 feet, and

b.

The height of an accessory dwelling shall not be greater than 24 feet;

(3)

Accessory structures located on a property developed with a public or private school may be located in side yards but are prohibited from being located in front yards;

(4)

Except where a different set back is allowed by a specific use permit or the regulations of a planned development district, accessory structures shall be set back as follows:

a.

Not less than five feet from all side and rear property lines when located on property located in a residential zoning district or otherwise developed with a single-family or two-family dwelling unit; and

b.

Not less than three feet from all side and rear property lines when located on property located in a non-residential zoning district that is not being developed and used for residential purposes;

c.

Notwithstanding subsection b., above, not less than five feet from any side and/or rear property line that is adjacent to property located in a residential zoning district or otherwise developed with a single-family or two-family dwelling unit.

(5)

No portion of an accessory structure may be located in, or encroach upon, any easement;

(6)

An accessory structure that requires a building permit shall be architecturally compatible with its associated principal structure or screened from view of abutting properties and public rights-of-way. In this context, the term "architectural compatibility" includes, but is not limited to, consistency in roof pitch, exterior color, and architectural design and detail;

(7)

Guest quarters, where permitted, shall be located on the same lot as an existing detached single-family use and may be attached to the principal building or be located within a detached accessory building subject to the following:

a.

No more than one guest quarters per lot shall be allowed;

b.

Guest quarters shall not be used as rental units or as a permanent secondary dwelling unit; and

c.

Guest quarters shall be served by the same utility meters as the primary dwelling; and

(8)

Except as stated in subsection (3) of this section, accessory structures developed and used as a public or private school located on a corner lot with a side yard that is adjacent to a street shall be set back in compliance with the zoning district's minimum side yard setback requirement.

(Ord. No. 2019-19, § 1, 5-23-2019; Ord. No. 2020-22, § 1, 11-12-2020)

Sec. 122-795. - Accessory building permit.

(a)

A person shall obtain from the city an accessory building permit prior to constructing or otherwise locating an accessory building of any size on a lot or parcel of land within the city.

(b)

An application for an accessory building permit shall be accompanied by sufficient information to allow the director of community development or designee to determine that the location and design of the proposed accessory building will comply with section 122-794 and other applicable ordinances.

(c)

The receipt of an accessory building permit shall not relieve a person from obtaining from the city any other permit or consent relating to the construction of buildings pursuant to the city's building codes and/or the payment or any fees related to the issuance of such permits or consent.

(d)

No accessory building permit shall be issued unless and until the fee established by ordinance or resolution of the city council and set forth in the city's master fee schedule has been paid.

(Ord. No. 2020-22, § 2, 11-12-2020)

Sec. 122-851. - Temporary storage.

Portable on demand storage units (PODs) may be used during the construction, remodeling, or renovation of a building in any zoning district but shall be removed from the property prior to the issuance of a certificate of occupancy or final permit approval related to the construction. After a certificate of occupancy has been issued for the primary structure on a property, up to two PODs may be located on the property no more than twice per calendar year for periods no longer than ten days. One of the periods may be extended by the city manager or his/her designee for up to 30 additional days provided a building permit has been obtained to renovate, repair, remodel, or reconstruct a structure on the property during the extension period.

(Ord. No. 2019-19, § 1, 5-23-2019)

Sec. 122-852. - Construction dumpsters.

Roll-off dumpsters may be used during the construction, remodeling, or renovation of a building in any zoning district but shall be removed from the property prior to the issuance of a certificate of occupancy or final permit approval related to the construction. After a certificate of occupancy has been issued for the primary structure on a property, up to two roll-off dumpsters may be located on the property no more than twice per calendar year for periods no longer than ten days. One of the periods may be extended by the city manager or his/her designee for up to 30 additional days provided a building permit has been obtained to renovate, repair, remodel, or reconstruct a structure on the property during the extension period.

(Ord. No. 2019-19, § 1, 5-23-2019)

Sec. 122-853. - Location of PODs and dumpsters.

PODs and roll-off dumpsters shall not be placed in the right-of-way, grassy areas in the front yard, or on any easement.

(Ord. No. 2019-19, § 1, 5-23-2019)