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HomeMy WebLinkAboutOrdinance 5239 ORDINANCE NO. 5239 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE SUBSECTION 164.02: ACCESSORY STRUCTURES AND USES, TO INCLUDE SETBACK AND HEIGHT REGULATIONS FOR ACCESSORY STRUCTURES. WHEREAS, the City of Fayetteville Unified Development Code defines accessory structures as "customarily incidental and subordinate to the principal structure;" and WHEREAS, accessory structures tend to have less impact and often less permanence than principal structures; and WHEREAS, the City of Fayetteville recognizes that if accessory structures are permitted closer to side and rear property lines, height and size restrictions will minimize the mass and scale of the structure; NOW, THEREFORE, 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 repeals and replaces §164.02 (A)(3) of the Unified Development Code, as follows: (3) Height and Setback Restrictions. Accessory structures ten (10) feet or less in height shall maintain a minimum side setback of three (3) feet and a minimum rear setback of five(5) feet from the property lines. Accessory structures greater than ten(10)feet in height shall meet the setback requirements of the zoning district in which it is located. All accessory structures shall conform to the front setbacks of the zoning district in which is it located. Section 2. That the City Council of the City of Fayetteville,Arkansas hereby amends §164.02 (A)(4) of the Unified Development Code by including the following sentence at the end of the paragraph, as follows: Accessory structures that exceed 50% of the size of the principal structure shall meet the setback requirements of the zoning district in which it is located. pocopa PASSED and APPROVED this 5th day of May, 2009. ,`��G°G��Y • APPROVED; ATTEST: 0FAYETTEVlI LE; y �• ,9 Dov • •RAs � \ By: 2�01 x �-� By: , C6 Yom' >elf,,VG7�aNsk,Vam ItIONELD JOT5^1 Mayor SO DRA SMITH, City Clerk/Treasurer DECEIVED Armsas mmV-0-5axdlteMAY F3 zoos NORTHWEST ARKANSAS Northwest Arkansas Times CCITY�CLFAYE TF VJL e fCE Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5239 May 11, 2009 Publication Charge : $75.32 Signed: ----&ZU -0"W Subscribed and sworn to before me This %qday of ; Ltd-) 2009. ti GS Notary Public _ ;ssggfc�+� My Commission Expires: Do not pay from Affidavit, an invoice will be sent RECEIVE® MAY 13 2009 CIOF FAYETTEVILLE CITY CLERKS OFFICE 1 ORDINANCS'l10 523,9 ` - AN ORDINANCE AMENDING THE UNIFIED 13 EL- iY OPMENTXGQP9- l5V i'SECTfON>1 02 AQGE$SQ=+r x € f RY STRUCTURES AND USES TO INCLUDE SET- BESCfC+ATPD{EIEIGF€T RE(}.11.L:ATJ(2T1S FOt. G�CCE$`ac SORYSTAUCTURi S} 1}fiKANSAS 10 W"#REAS$, ;he City o€�Fayette0lo Unifted Devefoprnsht Gose dehnea�accesspry..Ystsua[ures'is custotl#BrElysmCtde[itei arkd subordjnateito the pnncipai sucture acrd„ r z j ry # W"EREAS,taccessory friicture§feed'ta4figvelessImpactand`oftenlesspermanencethen'prin capal,siructures and ,7 WHERS,rtfisG�ty nta taitevtlle retrognizes':that ff acbessory struciiiies$re.p®fmltted:Cl0'ser"to sid ;randjoar propertl Imes,het ht and size eslrlctions,wlll<minimize the mass agd scale of the siruoture V 3f�C�xa��:xt �.M�c KGW,TNERIEFORE, BE T 11D IN BY,,THE6CIT VOfi1NOWOF1 H'C.CItY.OF FAY! ,,1�EV1LLE,.AHKA SA¢ Section 1 That the City Council of the City of Fayetteville Arkansas hereby repeals and replaces §y6402�{�)(S}fafnf�e Ur�iffe,r�DevelojTrtasnt ,�ode'a�iollows��w �r;s� �;��y`, ;s�^� „, I {3)Height and'Setback Aestnctfons,Accessory structures ten. 0)feet or.legs in height shall main tabs t 6f9fPveG( foot f to the property I)nes Accessory;sttructufes renter than'tgn{t0)feet I9 height-shall meet the setback reui{erees o ttie z�ping distrlQt in WhjcY�its fo¢r#te i,Ayi accessary slr�tetues shallcy #orr#to the frantsetbacks of thQ toning.district tp which is itlocated S0 6"2F 17116 -9 City`qou4t of'fTe"C 1tyrof''Fev tl aystte,�1r y ansag heretip amepds, S64 Off,Af{4y of the Unified Deyetopmept Code by including the following sentence at.the end of t{t6,paiagraph &oessory structures that exceed 50,6 of the,Sipe Of tho Pnaclpai structure sDell rneet the setback reouft`ftr ntswWhaz4 [ngxdistripXJrr.W..hlGh�t�isf,ocgted,„> �'� �..'.4 M`t.F. Rz .. -1 PA ggED ar51�APAROY�EZ th s th day ot;May'�008 AA QWD ATTEST 62 LIO,NELO JORDAN,Mayor. SONORA S)IJII� NtjCitytClsp�s- .s s ARKANSAS DEMOCRAT-GAZETTE, NW ED. 212 N. EAST AVENUE FAYETTEVILLE, AR 72701 EC EIVE 479-442-1700 �! TERMINAL ID: 00007104060 MAY 13 2009 MERCHANT # : 00001213099 CEN OF FAYETTEVILLE VISA FLEET CITY CLERK'S OFFICE # ************5560 CLK: FLEE EXP. : SALE BATCH: 244 SQ: 007139 DATE : 05/11/09 TIME : 11 : 29 : 49 AV: Z - ZIP APPROVED: 043862 MANUAL TOTAL $ 285 . 14 * REPRINT I AGREE TO PAY ABOVE', TOTAL AMOUNT ACCORDING TO CARD ISSUER AGREEMENT (MERCHANT AGREEMENT IF CREDIT VOUCHER) SIGN X CITY OF FAYETTEVILLE - CLERKS CUSTOMER COPY City of Fayetteville Staff Review Form City Council Agenda Items and , �' � Contracts, Leases or Agreements km_emd OWI Ua 5/5/2009 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: ADM 09-3249 (UDC Ch. 164.02 Accessory Structures and Uses): An ordinance amending Ch. 164.02 (A)(3) and (4) of the Unified Development Code to include setback and height regulations for accessory structures. n/a Cost of this request Category/Project Budget Program Category/Project Name. nla Account Number Funds Used to Date Program/Project Category Name nla Project NumberRemaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Depart en# ire or Date Original Contract Date: Original Contract Number: City Attorney Date Received in City' _ (� � • (� � Clerk's Office Chief of Staff . �r _ 7ate Received in Mayor's Office r Mayor Date Comments: Revised April 16, 2007 City Council Meeting of May 5,2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: April 14, 2009 Subject: UDC Ch. 164.02 Accessory Structures and Uses Amendments (ADM 09-3249) RECOMMENDATION Planning staff recommends amending the Unified Development Code Chapter 164.02 to permit certain accessory structures to be located as close as five (5)feet from a rear property line and three (3) feet from a side property line. This would provide flexibility for homeowners to locate accessory structures within residential districts, which have average rear and side setbacks of fifteen (15) feet and five (5) feet respectively. However,property owners who utilize the reduced setbacks will be limited to a maximum building height of ten (10) feet and the accessory structure may not be larger than 50%of the size of the principal structure. Accessory structures greater than ten (10) feet in height, or that are permitted to . exceed 50%the size of the principal structure shall be located in accordance with.the building setbacks required by the zoning district in which it is located. These provisions shall not prohibit the installation of an accessory structure closer to the property line if permitted by the underlying zoning district. BACKGROUND The City's Unified Development Code (UDC) categorizes a principal structure as the primary and larger building on a lot, such as a single-family home, and an accessory structure as the smaller and subordinate building or use on a lot, such as a garden shed. The City's UDC recognizes the basic differences between a principal and accessory structure, however, the same building setbacks are applied to both types of structures. It is common in :other municipalities to allow a reduced setback for accessory structures. The intent in providing different setbacks is to provide more flexibility in siting the accessory structure, which tends to have less impact and often less permanence than principal structures. DISCUSSION This item was heard at the regular Planning Commission meeting on April 13, 2009 and forwarded by vote of 5-0-0 with a recommendation for approval to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE SUBSECTION 16.4.02: ACCESSORY STRUCTURES AND USES, TO INCLUDE SETBACK AND HEIGHT REGULATIONS FOR ACCESSORY STRUCTURES. WHEREAS, the City of Fayetteville Unified Development Code defines accessory structures as"customarily incidental and subordinate to the principal structure;"and WHEREAS, accessory structures tend to have less impact and often less permanence than principal structures; and WHEREAS, the City of Fayetteville recognizes that if accessory structures are permitted closer to side and rear property lines, height and size restrictions will minimize the mass and scale of the structure; NOW,THEREFORE, 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 repeals and replaces §164.02(A)(3)of the Unified Development Code, as follows: (3) Height and Setback.Restrictions.Accessory structures ten(10)feet or less in height shall maintain a minimum side setback of three(3) feet and a minimum rear setback of five(5)feet from the property lines.Accessory structures greater than ten(10)feet in height shall meet the setback requirements of the zoning district in which it is located. All accessory structures shall conform to the front setbacks of the zoning district in which is it located. Section 2. That the City Council of the,City of Fayetteville, Arkansas hereby amends §164.02 (A)(4) of the Unified Development Code by including the following sentence at the end of the paragraph, as follows: Accessory structures that exceed 50%of the size of the principal structure shall meet the setback requirements of the zoning district in which it is located. PASSED and APPROVED this day of ,2009. APPROVED: ATTEST: By: By. LIONELD JORDAN,Mayor SONDRA SMITH,City Clerk/Treasurer Mark-up Ordinance CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS 164.01 Accessory Commercial Uses in height shall maintain a minimum side Permitted accessory uses in RMF and R-O Districts setback of three (3) feet and a minimum shall include accessory commercial uses of the types rear setback of five (5) feet from the included in Unit 12 provided that: property lines. Accessory structures greater than ten (10) feet in height shall (A) Convenience_ Such uses are located entirely meet the setback requirements of the within a multi-family dwelling or office building as zoning distr ct in which it is located. All an accessory use for the convenience of the accesso ructures shall conform to the occupants of said building. front ks of the zoning district in whielt° located. (B) Gross floor area. Do not occupy more than 10% of the gross floor area of the building in which (4) a of ac+✓. sory structure(s). An accessory located. s cture(s) s a>) e 50% or less of the size f the principa fracture. Any accessory (C) Signs. Have no signs or other advertising visible structure(s) requesd that is greater than from outside the zoning lot on which located. m 50% the size of the– hjpal structure shall be allowed only as as'110riditional use and (D) Location Are located in or contiguous to the sha . granted in accor��'�rce with §163, lobby of the principal building. ga rn 9 applications ,of conditional use dures; and upon the finding that the (E) Lobby entrance. Have at least one obby quested structure is ..designed to be entrance. mpatible with the principal structure on the rty and those on surrounding (Code 1965; App. A., Art. 7 (2); Ord. No. 1747, 6- 0; p ies. Accessory structures that ; Code 1991,§960.077;Ord.No.4100,§2(Ex.A),6-16-9 exce 0% of the size of the principal _ truct shall meet the setback 164.02 Accessory Struct, d Uses irements of the zoning district_ in Accessory Structures And yes ccesso it is located. structures and uses shall be u'ect to# P _plicable m use conditions set forthZoning, Ch rs 160 (B) Swimming pools. Swimming pools shall ,not be through 165,and to the fofctwing general ;.-itions: located in any required front ode 1965setback- (A) A (A) Accessory structures. ��� ..�;; .< pp.A.,Art.7(1);Ord.No. 1747,6-29-70;Ord. No. 2177, 12-16-75; Ord. No. 3131, 10-1-85; Code c- s � 1991, §160.076; Ord. No. 4100, §2 (Ex. A), 6-16-98; (1) W sect of ".No ac structure shall Ord.4817, 1-3-06) acted oaty pro rior to the struction oil grin structure, (Code 1965, App. A., Art. 7(24); Ord. No. 1747, 6-29-70; NLESS such a ry st a shall Ord. No. 3132, 10-1-85; Code 1991, §160.094; Ord. No. a e been approve v the nning 4100,§2(Ex.A),6-16-98) ission as a #ional a e. An ap e d. accessory str a erected prior Cross reference(s)--Parking and Loading.,Ch. 172. to thMincipal strut r shall not be inhabited_�1W_ m 5 (2) Integral part'-– al structure. An accessory structrected as an integral part of the principaP 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) Whom—erestea! Height and Setback Restrictions. No aGGessory stinuGture shall be eree4ed in any Fequared—setback. .Accessory structures ten (10)feet or less CD164:1 alye A PC Meeting of April 13, 2009 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain 5t. PLANNING DIVISION CORRESPONDENCE TelFayetteville,57 72701 TeleRhone: 479 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate,Development Services Director DATE: March 2 ,2-0� Updated April 14, 2009 ADM 09-3249: Administrative Item (AMENDMENT TO CHAPTER 164.02: ACCESSORY STRUCTURES AND USES) Submitted by Planning Staff to amend the setback and height regulations for accessory structures. Planner: Jesse Fulcher BACKGROUND The City's Unified Development Code (UDC) categorizes a principal structure as the primary and larger building on a lot, such as a single-family home, and an accessory structure as the smaller and subordinate building or use on a lot, such as a garden shed. The City's UDC recognizes the basic differences between a principal and accessory structure, however, the same building setbacks are applied to both types-of structures. it is common in other municipalities to allow a reduced setback for accessory structures: The intent in providing different setbacks is to provide more flexibility in siting the'-accessory`structure, which tends to have less impact and often less permanence than principal structures. DISCUSSION The Fayetteville Board of Adjustment (BOA) has reviewed many variance requests to permit accessory structures within the side or rear building setback. As a result of these frequent requests, the BOA recommended an ordinance in 2006 to reduce the building setbacks for accessory structures. The Ordinance Review Committee had conceals that the setback reductions could allow for large and potentially objectionable accessory structures very close to property lines. Suggestions from the Ordinance Review Committee included: 1) a better definition of an accessory structure to which the reduced setback would apply; 2) size limitations; and 3) height limits for the structures and a potential increase in setbacks as the height of the structure increased. PROPOSAL The UDC defines an accessory use or structure as "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. This size limitation is reiterated in Chapter 164.02(A)(4) Accessory Structures and Uses. In addition, the area that can be occupied by all buildings "building area" is restricted to 40-50% in many residential single-family zoning districts, further regulating the size of an acecssory structure. These regulations, in combination with a height limitation, should provide the clarification that was requested by the Ordinance Review Committee in 2006. Planning staff recommends amending Chapter 164.02 to permit accessory structures to be located as close as five (5) feet from a rear property line and three (3) feet from a side property line. This would provide flexibility in siting accessory structures within residential districts, which have average rear and side setbacks of fifteen (15) feet and five (5) feet respectively. However, property owners who utilize the reduced setbacks will be limited to a maximum building height of ten (10) feet. Accessory structures greater than ten (10) feet in height, or that are permitted to exceed 50% the size of the principal structure shall be located in accordance with the building setbacks required by the zoning district in which it is located. These provisions shall not prohibit the installation of an accessory structure closer to the property line if permitted by the underlying zoning district. RECOMMENDATION Planning Staff recommends forwarding ADM 09-3249 to the City Council with a recommendation for approval. Planning Commission Action: Forwarded O Denied Cl Tabled Motion: Zant Second: Mures Vote: 8-0-0 Meeting Date: April 13, 2009'. Comments: TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 164: SUPPLEMENTARY ZONING REGULATIONS 164.01 Accessory Commercial Uses property lines. Accessory structures Permitted accessory uses in RMF and R-O Districts greater than ten (10) feet in height shall shall include accessory commercial uses of the types meet the setback requirements of the included in Unit 12 provided that: zoning district in which it is located. All accessory structures shall conform to the (A) Convenience. Such uses are located entirely front setbacks of the zoning district in within a multi-family dwelling or office building as which is it located. an accessory use for the convenience of the occupants of said building. (4) Size of accessory structure(s). An accessory structures Waa11 be 50% or less of the size (B) Gross floor area. Do not occupy more than 10% of the ;rn I structure. Any accessory of the gross floor area of the building in which structu requested that is greater than located. 5Q%m sI; a of the principal structure shall b- bwecf my as a conditional use and (C) Signs. Have no signs or other advertising visible in be gra in accordance with §163, - =� �ernin � from outside the zoning lot on which located. ���g g a 1t� tions of conditional use, _ - procedures; anc� the finding that the (D) Location. Are located in or contiguous to the :° requested structure is designed to be lobby of the principal building. 60 2e- compatible with the piiG[pal structure on the roa.h prope > and those'n surrounding (E) Lobby entrance. Have at least one lobby - prs. Accessory s�ctures exceed entrance. o the size of the principal structure a -a I meet the setback requirements of (Code 1965, App. A., Ark. 7 (2); Ord. No. 1747,A�;�7�0; a zoning district in which it is located. .Code 1991,§160.077;Ord.No.4100,§2(Ex.A), rFs) Swlrjrniti Wools. Swimming pools shall not be 164.02 Accessory Structures And Used, located required front setback. „. Accessory Structures And Uses. AccessYy structures and uses shall be subjecta,alo the applicali(eo �9S App. Art.7(1);Ord. No. 9747,6-29-70;Ord. use conditions set forth in Zo apters 16� ° 2177 ,' 75; Ord. No. 3131„ 10-1-85; Code 1991, through i66,and to the foil q engird ditions §160.076; r ,No.4100,§2(Ex.A),6-16-98;Ord.4817, .A 1-3 06) (A) Accessorystructure, P = =.164.03 Accessory Residential Uses In (1) when erected. Wkgopcesso .' shall - onresidential Districts be erected on any a con,. _ if the dal structure (A) Attached residential use. Attached residential accesso structure all uses shall be permitted in the C-1, C-2, 1-1 and I- been appy d b Planning 2 zoning districts as a use by right. Density mmission as nditio se_ An limitations for attached residential uses in such roved access I ure a prior zoning districts shall be governed by§161.13(C). e principal stru , - shall �of be in tted. (g) Detached residential dwelling_ . A detached residential dwelling unit may be permitted in the (2) Integral -tri of princi structure. An C-1, C-2, 1-1 and 1-2 zoning districts as a accessocture a as an integral conditional use. Density limitations shall be part of theRc al_All, ure shall be made governed by §161.13(C). The building site and structurally a Ii reof, shall have a setback area must be separate and distinct from common wall theith, and shall comply in off-street parking spaces and setback areas all respects with the requirements of the required for the principal structure and shall building code applicable to the principal include a minimum of 4,200 square feet of land structure_ area_ The residential structure shall be located to meet required setbacks from exterior boundaries (3) Where—erected. Height and Setback of the total tract. The property owner shall Restrictions. We aGGesseicy stFue#we shall execute and record covenant provided that the residential structure shall not be sold separately Accessory structures ten (10)feet or less from the principal structure; the covenant shall in height shall maintain a minimum side run with the land. setback of three (3) feet and a minimum rear setback of five (5) feet from the CD164:3 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 To: Board of Adjustment From: Andrew Garner,Senior Planner Date: March 30,2007 Subject: Potential Ordinance Amendments (accessory structures and chimneys) Att: Accessory Structure Regulations from Comparison Cities The Board of Adjustment (BOA) has discussed with Planning Staff the desire to amend the City's Unified Development Code (UDC) to address some issues that are burdensome to the public. These issues include reduced side and rear building setback for small accessory structures (such as garden sheds, storage sheds, detached garages, pergolas, etc), and to potentially allow chimneys within building setbacks. The City's Building Safety Division discussed with Planming Staff that state fire code requires a minimum of 3' from the edge of a structure to a property line if the structure is made of a combustible material(everything but masonry and metal). A typical wooden garden shed must be a minimum of 3' from the property line. Chimneys are allowed within.Y because they are non-combustible,have no openings,and have.. . a firewall. ■ Information from various municipalities was gathered as part of a previous research effort on accessory structures. This information has been attached- Please review the attached information and come up with ideas or suggestions to staff on potential ` changes to the UDC regarding these issues. Staff will also continue to evaluate this information and formulate a recommendation. A previous request regarding accessory structures was brought to the Ordinance Review Committee by the BOA in February 2006. This.request did not receive approval from the conn-iittee because, of concerns that the reduced setbacks for accessory structures could potentially allow for large and potentially objectionable accessory structures very close to property lines. The suggestions from the Ordinance Review Committee were to: (1) put together better definitions of accessory structures to which the reduced setbacks would apply;(2)multiple categories/uses of structures;(3)height limits for the structures and potential increase in setback as the height of the structure increases; and (4) size limits. K-lReportsU0071BOA Reporat4-02-07L4ccessoryStruclureMemo.doe