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Home My WebLink AboutOrdinance 4817 ORDINANCE NO, 4817 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE CHAPTER: 151 DEFINITIONS AND CHAPTER: 164 SUPPLEMENTARY ZONING REGULATIONS TO CLARIFY AND DESIGNATE THE INTENT OF THE ACCESSORY STRUCTURES AND USES ORDINANCE WHEREAS, the Unified Development Code currently defines accessory uses or structures as "customarily incidental and subordinate to the principal use or structure;" and WHEREAS, certain accessory structures have been erected in the past that are the same size or larger in size or use than the principal structure on a property; and WHEREAS, the intent of the accessory definition is for accessory uses or structures to be of less impact in nature and size than the principal use or structure on a property; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends § 151 .01 Definitions: "Accessory use or structure" by deleting that definition in its entirety and replacing it with the following language: Accessory use or structure. (Zoning) A use or structure on the same lot with, of a nature and size of 50% or less, and customarily incidental and subordinate to, the principal use or structure. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02 Accessory Structures And Uses by deleting that subsection in its entirety and replacing it with the following language: See Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this 3rd day of January, 2006. .`X�;o'�\1Y �0 SGS APPROV U: FAYETTEVILLE ; By: DAN COODY, May :,ys�9Q/(ANSPg ATTEST: '%,NGTON CO`•�`` 'iv�niwuu��0 By: S DRA SMITH, City Clerk EXHIBIT "A" CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS 164.02 Accessory Structures And Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A) Accessory structures. ( 1 ) When erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, UNLESS such accessory structure shall have been approved by the Planning Commission as a conditional use. An approved accessory structure erected prior to the principal structure shall not be inhabited. (2) Integral part of principal structure. An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the building code applicable to the principal structure. (3) Where erected. No accessory structure shall be erected in any required setback. (4) Size of accessory structure(s). An accessory structure(s) shall be 50% or less of the size of the principal structure. Any accessory structure(s) requested that is greater than 50% the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with § 163, governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. (B) Swimming pools. Swimming pools shall not be located in any required front setback. (Code 1965, App. A., Art. 7 (1); Ord. No. 1747, 6-29.70; Ord. No. 2177, 12-16-75; Ord. No. 3131, 10-1-85; Code 1991, §160.076; Ord. No. 4100, §2 (Ex. A), 6-16-98) 62v City of Fayetteville �� 7 Staff Review Form Y City Council Agenda Items y) ► �r,61 Contracts 3-Jan-O6 t ` p City Council Meeting Date Jeremy Pate Current Planning Operations Submitted By Division Department Action Required: Approval of an ordinance amending the Unified Development Code to clarify the intent of the accessory structure and use ordinance and definition $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name �n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 6 �J Original Contract Date: n/a Department Dir or Date Original Contract Number: n/a Received in City Clerk's Office City Attorney Date is 12 141.5 Received in Mayor's Office _ (eaENTER May Dae Comments: City Council Meeting of January 03, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: December 15, 2005 Subject: UDC Amendment for Accessory Uses and Structures (ADM 05- 1849) RECOMMENDATION Planning staff recommends approval of an ordinance amendment to the Unified Development Code, designating an "accessory use and/or structure' as defined by ordinance, to less than 50% of the nature and/or size of the principal use or structure on a property. BACKGROUND The Unified Development Code currently defines accessory uses or structures, in terms of zoning, as "a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure." Additionally, under § 164: Supplementary Zoning Regulations of the Unified Development Code, there are specific requirements as to when an accessory building may be erected (after the principal structure), where an accessory building may be erected (outside of any required setback), and how it must be affixed if to be considered an integral part of a principal building. However, though defined as "customarily incidental to and subordinate to" the principal structure, the Unified Development Code does not specifically address the size of the accessory use or structure when compared to that of the principal use/structure. Staff recommends language be added to the Unified Development Code to further clarify that accessory structures are to be of a nature and size less than 50% of the principal use or structure on the property (thereby incidental and subordinate to). This will aid in future determinations for both uses and for issuance of building permits. Attached are staffs proposed ordinance amendments. DISCUSSION This item was recommended for approval by the City Council at the regular Planning Commission meeting of December 12, 2005, with a vote of 8-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE CHAPTER : 151 DEFINITIONS AND CHAPTER: 164 SUPPLEMENTARY ZONING REGULATIONS TO CLARIFY AND DESIGNATE THE INTENT OF THE ACCESSORY STRUCTURES AND USES ORDINANCE. WHEREAS, the Unified Development Code currently defines accessory uses or structures as "customarily incidental and subordinate to the principal use or structure;" and WHEREAS, certain accessory structures have been erected in the past that are the same size or larger in size or use than the principal structure on a property; and WHEREAS, the intent of the accessory definition is for accessory uses or structures to be of less impact in nature and size than the principal use or structure on a property; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends § 151 .01 Definitions: "Accessory use or structure" by deleting that definition in its entirety and replacing it with the following language: Accessory use or structure. (Zoning) A use or structure on the same lot with, of a nature and size less than 50%, and customarily incidental and subordinate to, the principal use or structure. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.02 Accessory Structures And Uses by deleting that subsection in its entirety and replacing it with the following language: See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this day of , 2006. APPROVED: By: DAN COODY, Mayor By. SONDRA SMITH, City Clerk EXHIBIT "A" CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS 164.02 Accessory Structures And Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A) Accessory structures. ( 1 ) When erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, UNLESS such accessory structure shall have been approved by the Planning Commission as a conditional use. An approved accessory structure erected prior to the principal structure shall not be inhabited. (2) Integral part of principal structure. An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the building code applicable to the principal structure. (3) Where erected. No accessory structure shall be erected in any required setback. (4) Size of accessory structure(s). An accessory structure(s) shall be less than 50% of the size of the principal structure. Any accessory structure(s) requested that is 50% or greater than the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with § 163, governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. (B) Swimming pools Swimming pools shall not be located in any required front setback. (Code 1965, App. A., Art. 7 ( ] ); Ord. No. 1747, 6-29-70; Ord. No. 2177, 12-16-75; Ord No. 3131 , 10-1-85; Code 1991 , § 160.076; Ord. No. 4100, §2 (Ex. A), 6-I6-98) aa' e evi le PC Meeting of December 12, 2005 Y ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Jeremy Pate, Director of Current Planning DATE: November 29, 2005 ADM 05-1849 : Administrative Item ( Accessory Structure/Use UDC amendment) Submitted by Planning Staff to amend the Unified Development Code to clarify the intent of the accessory structure and use ordinance. Planner: JEREMY PATE RECOMMENDATION : Approval of ordinance amendments to the Unified Development Code to further clarify the desired intent of accessory structures and uses, which are to be customarily incidental and subordinate in nature and size to the principal use or structure on a property. PLANNING COMMISSION ACTION: Required YES d Approved O Denied Date: December 12, 2005 t'�M'SO� GbrKO r8.o -0 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: January 03, 2006 BACKGROUND The Unified Development Code currently defines accessory uses or structures, in terms of zoning, as "a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure." Additionally, under § 164: Supplementary Zoning Regulations of the Unified Development Code, there are specific requirements as to when an accessory building may be erected (after the principal structure), where an accessory building may be erected (outside of any required setback), and how it must be affixed if to be considered an integral part of a principal building. However, though defined as "customarily incidental to and subordinate to" the principal structure, the Unified Development Code does not specifically address the size of the accessory use or structure when compared to that of the principal use/structure. Proposal: Staff recommends language be added to the Unified Development Code to further clarify K:I Reportsl2005lPC ReportsII2-12-05W DM 05-1849 (Accessory Structures UDC Amendment).doc that accessory structures are to be of a nature and size less than 50% of the principal use or structure on the property (thereby incidental and subordinate to). This will aid in future determinations for both uses and for issuance of building permits. The language attached is staff s proposed ordinance amendments. K:IReporlsl2005tPCReportsg2-12-051ADM 05-1849 (Accessory Stmclures UDCAmendmem).doc PROPOSED ORDINANCE CHANGES : Stfikethrough proposed for deletion Bold Text proposed for insertion CHAPTER 151 : DEFINITIONS 151 .01 Defmitions Accessory use or structure. (Zoning) A use or structure on the same lot with, and-of a nature and size less than 50%, and customarily incidental and subordinate to, the principal use or structure. CHAPTER 164 : SUPPLEMENTARY ZONING REGULATIONS 164.02 Accessory Structures And Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A) Accessory btiik4iitgs structures. ( 1 ) When erected. No accessory building structure shall be erected on any property prior to the construction of the principal building structure, UNLESS such accessory bui Idin structure shall have been approved by the Planning Commission as a conditional use. An approved accessory building structure erected prior to the principal building structure shall not be inhabited. (2) Integral part ofprincipal building structure. An accessory building structure erected as an integral part of the principal building structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the building code applicable to the principal building structure. (3) Where erected. No accessory building structure shall be erected in any required setback. (4) Size of accessory structure(.$). An accessory structure(s) shall be less than 50% of the size of the principal structure. Any accessory structure(s) requested that is 50% or greater than the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with §163, governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. (B) Dwsh eowainef�y. "Le Dal " type trash eentainers laeated in any Fequifed setbaek shall b ssereefting shall net be required an the aeeess side ef the eentainer. Where a tfash container K.IReporra12005WC Reporull2-12-051ADM 05-1849 (Accessory Srrucrures UDC Amendmenr).doc be se;eened: (E B) StiVimming pools. Swimming pools shall not be located in any required front setback. (Code 1965. App. A.. An. 7 ( 1 ): Ord. No. 1747. 6-29-70; Ord. No. 2177, 12-16-75; Ord. No. 3131 , 10-1-85; Cale 1991 , § 160.076; Ord. No. 4100. §2 (Ex. A), 6-16-98) K:I Repor[d?0051PC Report.012-17-0514DM 05-1849 (Accessory Stmoures UDC Amendment).doc Clarice Pearman - Ord 4812, 4813, 4815, 4816 & 4817 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 1/6/06 5: 17PM Subject: Ord. 4812, 4813, 48159 4816 & 4817 Jeremy, Attached are the ordinances passed by City Council, January 3, 2006. CC: Bell, Peggy; Deaton, Vicki NORTHWEST ARKANSAS EDITION A&inSaS Democrat V05azette AFFIDAVIT OF PUBLICATION I , Erin Emis , do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: _was inserted in the regular editions on t. llam, PO# " Publication Charge : $ Subscribed and sworn to before me this --- �--- day of _ _ 006. -- Notary Public Sharlene D. Williams Notary Public My Commission Expires : State of Arkansas —MY Com ission Expires October 18, 2014 " Please do not pay from Affidavit. An invoice will be sent. RECEIVED JAN 3 0 2006 SOF -�YETTEVILLE T �:_Z=K'SOFFICE 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVII I E, ARKANSAS 72702 • (501) 442-1700