AN ORDINANCE AMENDING
CHAPTER 12, SECTION 40 OF THE BASTROP CITY CODE REGARDING ACCESSORY
BUILDINGS AND USES; AMENDING SECTION 40.2 AND 40.3 REGARDING ACCESSORY
BUILDINGS; CREATING SECTION 40.8 REGARDING ACCESSORY USES IN NON-RESIDENTIAL
DISTRICTS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission met on
September 30, 2004 and discussed changes to provisions related to
permitting accessory buildings and accessory uses within non-residential
districts in Section 40 Chapter 12, and
WHEREAS,
the Planning and Zoning Commission recommended the City Council approve
amendments to Chapter 12 of the City Code of Ordinances to facilitate
the permitting of accessory buildings and the accessory use of a building
in non-residential districts within the City of Bastrop.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP, TEXAS:
PART 1: That Chapter
12 of the Code of Ordinances of the City of Bastrop, Section 40.2,
shall be, and is hereby amended so that Sections 40.2 shall hereafter
read as follows:
Section 40.2 PERMITTED
ONLY WITH MAIN BUILDING AND PRIMARY USE:
Accessory building shall
not be permitted without a main building and primary use being in
existence.
PART 2: That Chapter
12 of the Code of Ordinances of the City of Bastrop, Section 40.3,
shall be, and is hereby, amended so that Sections 40.3 shall hereafter
read as follows:
Section 40.3 PERMITTED
BY CONDITIONAL USE PERMIT:
A. Accessory dwellings and-units constructed over a garage are permitted
by CUP in accordance with the Use Charts, Section 36, and shall conform
to the height limitations of the main structure.
B. Accessory Uses and Incidental Retail Light Manufacturing are permitted
by CUP in C-I and C-2 zoning districts, but shall uses and activities
are limited to: (1) the same type of activities as those conducted
inside the Principal Building or lease space; and/or (2) manufacturing
of the same products as those sold inside of the Principal building
or lease space.
C. Accessory Buildings are permitted by CUP in C-1 and C-2 zoning
districts, but use of such Accessory Buildings is limited for performing
activities that are accessory to those activities which are conducted
inside of the Principle Building. Further, Accessory Buildings shall
be compatible with the design and use of the Principal Building.
PART 3 : That Chapter
12 of the Code of Ordinances of the City of Bastrop, Section 40.8
"Accessory Uses in non-residential districts" shall be,
and is hereby, created so that Section 40.8 shall hereafter read as
follows:
Section 40.8 - Accessory
Use(s) in Non-Residential Districts
In nonresidential districts:
A. An Accessory Use is
a use that is customarily incidental, appropriate and subordinate
to the principal business activity that is conducted on the land and/or
in the Principle Building(s) or lease spaces(s), and is a use that
is necessarily located upon the same lot, building or lease space.
B. An Accessory Building
is a building that: (1) is subordinate to the Principle Building,
(2) is limited in height so that it is not over the height of the
Principle Building, (3) does not have a floor area which exceeds fifty
percent (50%) of the floor areas of the Principle Building, and (4)
is used for purposes that are directly accessory and incidental to
the use of the Principle Building.
C. A business, if authorized
under a CUP, may include limited industrial activity (specifically
manufacturing and distribution of goods made on-site) as an Accessory
Use under the following conditions:
