§ 5.1. Accessory structures.  

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  • 1.

    Attached accessory structures shall conform to the regulations applicable to the main building to which they are attached. Attached buildings are defined as any building sharing a common roof with the primary structure. Detached accessory structures shall be subject to the requirements of this article.

    Some properties within residential zoning districts may also be within one of the designated historic districts and or may be a designated Palestine landmark. The location, height and exterior materials in conjunction with new accessory structures located in those districts or designated as a Palestine landmark are subject to additional requirements found in chapter 40 development, article IV. historical preservation.


    Permitted types: Detached garages, carports, storage sheds, gazebos, swimming pools, hot tubs, spas and any other structure that is an accessory use to the primary building. Cargo/shipping containers, rail cars and the like shall not be used as permanent accessory structures in the single-family zones.


    Setbacks: All accessory structures shall comply with the following setbacks except pools and spas. (Setbacks are measured from the overhand of the eave of the roof.


    Front yard setback: No accessory structure shall be located any closer to a public street than the primary structure.


    Rear yard setback: Minimum of three feet from the rear property line.


    Interior yard: Minimum of three feet from the interior property line.


    Street side yard: Same as front yard setback.


    An accessory structure shall not exceed two stories or 25 feet in height.


    Swimming pools and spas: All spas and any swimming pool which has a depth of 24-inches or greater shall comply with the following:

    All swimming pools within residential districts, either below ground of [or] above ground shall not be located in the front yard setbacks. The edge of the water line shall not be closer to the side or rear property lines than four feet. No pool structure excluding the concrete pool deck shall be closer to the side or rear property lines than three feet. All pools shall be enclosed by a four-foot fence, with no opening larger than four inches in any direction, and a self-closing, self-latching gate.

(Ord. No. O-54, § I, 10-14-2013)