10-18-12 Regular, Public Hearing and Workshop Meeting of the Planning and Zoning Commission

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Accessory Structures ZOA Page 2 of 5 Analysis: A number of communities across the country do permit accessory structures without a principal structure in agricultural districts or in residential districts where agriculture is the primary use of the land. After reviewing a number of codes from the nearby cities, staff did find a few examples that follow this model. Aside from this general exemption for structures on lots used primarily for crop production, staff found one example of a community, Pearland, with a specific exemption for accessory structures on lots with no primary structure in a specific zoning district intended for newly annexed or undeveloped lands. While analyzing nearby cities area and use regulations for accessory structures, it was difficult to render any distinction between accessory and primary structures. The City of Pasadena is a non -zoned municipality and the regulation of land use is done by deed restrictions and city ordinances. Here, if the subdivision deed restrictions allow it, a vacant lot can have a shed or garage placed on it as long as it is not used for residential purposes. City of Galveston permits farm accessory building, a structure other than a dwelling, on a farm for the housing, protection or storage of the usual farm equipment, animals, and crops. Whereas, other comparison cities (Baytown, Deer Park, Friendswood, League City, Texas City, Webster) do not permit accessory structures with no primary structures in residential districts. Results of research by the Planning Advisory Services (PAS) subsidiary of the American Planning Association on the neighboring cities are shown in the table below: Cities Permits Accessory Structures with No Primary Structures Baytown No Deer Park No Friendswood No Galveston Yes La Marque No League City No Missouri City No Pasadena Yes Pearland Yes Sugar Land No Texas City No Webster No 2