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Home My WebLink About#5 Ordinance Amendment Memo To: Planning Commission Members From: Kari Barker, Associate Planner Date: January 11, 2010 Subject : Amend Ordinance 155.22 R-1 Low Density Residence (C) Uses by special permit and 155.05 Application of District Regulations (11) - #2010-05 – Require a Special Use Permit for Accessory Structures between 750 and 1000 square feet REQUEST The Planning Commission is to review and discuss an amendment to the R-1 Low Density Residence and Accessory Structure Ordinances. If the amendment is passed as presented, staff will bring an amendment for the Fee Schedule to the City Council meeting to make the fee $250 for a Residential Special Use Permit. HISTORY The Planning Commission reviewed and discussed the Accessory Structure Ordinance at its November 9 and November 23, 2009, meetings. The review of the Ordinance was at the request of Commissioners, due to an OHDS review for a garage at the September 28, 2009, Planning Commission meeting. The two main points of the discussion at the November 23, 2009, meeting was: 1) Tree replacement and 2) Notification of neighboring properties when a garage is proposed to be built. At its January 11, 2009, meeting, the Planning Commission requested that a Special Use Permit be required for garages over 750 square feet. This was due to the legalities of notifying neighbors without having a set procedure in place. SPECIAL USE PERMIT REVIEW Special Use Permit Provisions The Zoning Code defines and regulates special uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in this Zoning Ordinance. ORDINANCE REVIEW 155.22 R-1 LOW DENSITY RESIDENCE. (A) Intent. The intent of this chapter in establishing a low density residence district is to provide for the normal outward residential expansion of Hastings according to current standards of development, and to protect the desired quiet living environment from encroachment from potential conflicting uses. (B) Uses permitted. (1) One-family detached dwellings: (a) All single-family detached dwellings to be located on a lot in a residential zone shall be installed on perimeter foundations that form complete enclosures under exterior walls; (b) The width of a 1-family detached dwelling that is located on a lot in a residential zone, shall not be less than 20 feet. The width shall be the narrowest dimension measured to the exterior of the building regardless of how it is oriented on the lot. The width is the installed width and does not include bay windows, roof projections, overhangs or eaves under which there is not interior space. Provided, however, this minimum width regulations shall not apply to seasonal use rooms such as porches and breeze ways, nor to garages or carports, and provided further, that these minimum width requirements shall not apply to additions to existing structures, where the addition is less than 400 square feet in area; and (c) Sheet metal siding shall not be permitted except that horizontal lap type metal siding with sections overlapping in sections no wider than 12 inches shall be permitted. Other metal sidings may be permitted on review by the Board of Design Control. (2) Public parks, playgrounds, country clubs, athletic fields, and other recreational uses of a non-commercial nature; (3) Churches, libraries, and public and parochial schools; (4) Home occupations, pursuant to § 155.07. (5) Cluster developments so as to provide an alternative to the conventional lot and block residential design. Cluster developments are intended to preserve and enhance open space and natural amenities. Cluster developments are subject to the requirements of this chapter, including, but not limited to, § 155.51 and Chapter 154. Variation in lot sizes and yards are permitted while maintaining the overall density required by the underlying zoning district; (6) Accessory uses if incidental to the foregoing principal uses such as private garages and sheds; and (7) Residential care facility - independent. (C) Uses by special permit. (1) Fire stations and cemetery; (2) Residential care facilities, dependent and semi-independent, subject to the conditions listed at § 155.07. (3) Towers are regulated by § 155.07. (Prior Code, § 10.12) Penalty, see § 10.99 (4)Accessory structures between 750 and 1,000 square feet. 155.05 Application of District Regulations (11) The following table shall determine the number, size, and setbacks of accessory structures. In addition to the accessory structures listed in the table below, swimming pools meeting the requirements of § 150.09 are permitted. Accessory Building/Structure Number, Size, Setbacks and Setback Standards Property Number of Maximum SideCorner Side Rear ZoningStructuresFloor Area (a) Size A R-1, R-2, R-3, 1750 square5 10 5 Deleted: 1,000 R-4, R-5 with feet Formatted: Font: Italic attached * see c below garage (b) R-1, R-2, R-3, 2 Combined 5 10 5 R-4, R-5 total750 Deleted: 1,000 without square feet attached * see c below garage R-6 1 1,000 square 5 10 5 feet Multi-Family Site Plan Site Plan Site Plan Site Plan Site Plan Commercial/Review Review Review Review Review Office Districts IndustrialSite Plan Site Plan Site Plan Site Plan Site Plan Districts Review Review Review Review Review Accessory Building/Structure Number, Size, Setbacks and Setback Standards Property Number of Maximum SideCorner Side Rear ZoningStructuresFloor Area (a) Size NOTES TO TABLE: (a) Garages shall be setback 20 feet from the right-of-way. (b) Residential properties with an attached garage are also permitted an accessory storage structure 120 square feet in size or less. (c) Accessory buildings between 750 and 1,000 square feet require a Special Use Permit.