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Council directs staff to pursue code amendment on accessory‑structure setbacks
Summary
City staff recommended removing a 3‑foot side/rear zoning setback for small accessory structures to align zoning with building code; the planning commission forwarded the issue to council and council gave consensus to initiate the amendment process.
At the Jan. 21 work session, Dallas city planning staff recommended the city begin a code amendment process to remove a 3‑foot side and rear zoning setback for accessory structures so that the zoning code aligns with the building code, which allows certain nonhabitable structures to be built up to the property line if they meet building‑code standards.
Chase Baloo, the city planner, told councilors that the existing development code requires a 3‑foot setback for accessory structures such as sheds, detached garages and carports while the building code sets construction and fire‑safety standards but does not mandate the same setback. He said the city’s building code threshold for permits (200 square feet) means many small sheds are built without permits and sometimes do not conform to zoning setbacks, creating enforcement and equity issues when neighbors ask why one property is allowed and another is not.
Baloo said planning staff reviewed the history and purpose of the 3‑foot setback and found no clear reason for it; planning staff recommended amending the zoning code. He reported the planning commission reviewed the matter and voted to forward the issue to the city council for consideration, though that vote was not unanimous. Mayor Slack summarized the staff recommendation as removing the 3‑foot setback requirement and asked council whether to initiate rulemaking and public hearings.
Councilors discussed exceptions and existing special setback rules: chicken coops and beehives have their own, larger setback distances (the chicken‑coop setback is 10 feet and would remain unless repealed), accessory dwelling units and other regulated uses were noted as separate categories, and the building code and fire code would continue to impose construction and fire‑safety requirements even if the zoning setback is removed. Baloo said carports typically require building permits regardless of size and that the building department can require structures be brought up to code when permits are required.
Council gave consensus to direct staff to pursue a formal code amendment process and associated public hearings. No formal, roll‑call vote was recorded at the work session; staff will begin preparing materials for the public‑hearing process and return to council with proposed language.
