RESIDENTIAL ACCESSORY BUILDING SETBACKS. April 17, 2014 Staff Memo

Transcription

1 RESIDENTIAL ACCESSORY BUILDING SETBACKS April 17, 2014 Staff Memo

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3 P.O. Box S. Second Odessa, MO Phone: (816) Fax: (816) cityofodessamo.com To: Chair McDermed and Planning & Zoning Commissioners From: Sybille Wilson, Code Compliance Officer William D. Osborne, AICP, CPED Director Re: Residential Accessory Building Setbacks Date: Friday, April 11, 2014 Background The Planning & Zoning Commission requested that staff bring forward a proposed amendment of the regulations for setbacks of accessory structures in R-1 residential zones. Staff Proposal As another section of Odessa Municipal Code addresses traffic sight-distance safety issues relating to structures and landscaping on corner parcels, staff recommends amending Code to remove the section of code that calls for a setback equivalent to the street side wall of a residence. Further, aside from porches, accessory structures would not be allowed in front yards. Next Steps Staff would like the P&ZC to provide direction on whether to prepare a draft ordinance for code amendment relating to the regulation of commercial building façades, or consider this issue further at the next meeting with or without additional information.

4 RESIDENTIAL ACCESSORY BUILDING SETBACKS April 17, 2014 Attachment A Proposed Amendment

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6 8.309 ACCESSORY BUILDINGS. An accessory building is a building or structure that is subordinate to the principal building or principal use in terms of area, extent and purpose. It contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served and it is customarily found in association with the subject principal use or building. Any accessory building or structure attached to the principal building shall be made structurally a part of the principal building and shall comply in all respects with the requirements of adopted building codes and regulations applicable to the principal building. Unless otherwise expressly stated, accessory buildings and structures are subject to the same regulations as the principal use or structure on the subject lot Regulations. Regulations regarding accessory structures shall be as follows: (a) One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses provided the floor area does not exceed one hundred twenty (120) square feet are not required to obtain a building permit. (2006 International Residential Code Section 105.2) (b) Accessory buildings and structures may be constructed no more than one hundred eighty (180) days prior to the commencement of construction of the principal building or principal use served. (c) Accessory structures must be located on the same lot as the principal building to which they are accessory. (d) Accessory buildings and structures are not permitted in front and street side yards (i.e. they may not be closer to the street than the principal building. ) On a corner lot, no accessory building shall be located closer to the side street right-of-way line than the principal building. (e) Accessory buildings may not exceed the height of the principal building on the lot. (f) Accessory structures and buildings in any R-1 zone may not cover more than 20% of the required rear yard. Steel transportation storage containers are not permitted in any residential zone. (g) No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement), or over any known utility. (h) All accessory buildings and structures shall be considered in the calculation of lot coverage Description of accessory uses: (a) Fences and walls, subject to fencing ordinance; see section (b) Garages, carports and off-street parking and loading areas; (c) Gardens, greenhouses; (d) Gates and guard houses; (e) Home occupations per Section (#28) of the Odessa Community Development Code) (f) Dog kennels, dog houses or other similar enclosure for domestic animals; (g) Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings Recreational and play facilities for resident; (h) Storage of recreational equipment such as boats, boat trailers, camping trailers, and house trailers provided that storage shall be limited to private garages, on approved surfaces in side or rear yards of private homes, and in the paved driveways of private homes. Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks. (i) Swimming pools, which must be set back at least ten (10) feet from the side and rear property lines; (j) Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator to ensure land use compatibility Setbacks. Setbacks for accessory structures shall be as follows unless otherwise specified: (a) R-1A AND R-1B DISTRICT: (1) Front Yard: With the exception of an attached front porch addition, accessory structures shall not be permitted in the front yard any closer to the street than the principal building. The minimum depth of the front yard shall be twenty-five (25) feet. Exception: If twenty-five (25) percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of

7 greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet. (2) Side yard: The side yard setback for interior lots shall be no less than five (5) feet. Accessory structures located in the rear fifty (50) feet of the lot shall have a side yard setback of not less than three (3) feet. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case. An accessory structure cannot be any closer to the street than the principal building. (3) Rear Yard: Accessory structures shall be no closer to the rear property line than five (5) feet. (b) R-1C DISTRICT: (1) Front Yard: With the exception of an attached front porch addition, accessory structures shall not be permitted in the front yard any closer to the street than the principal building. (2) Side Yard: For unattached buildings of accessory use there shall be a side yard of not less than six (6) feet; provided, however, that unattached one-story building of accessory use shall not be required to set back more than five (5) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line. (3) Rear Yard: Accessory structures shall be no closer to the rear property line than five (5) feet. (c) R-1D DISTRICT: (1) Front Yard: With the exception of an attached front porch addition, accessory structures shall not be permitted in the front yard any closer to the street than the principal building. (2) Side Yard: For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than thirty (30) feet. For unattached buildings of accessory use there shall be a side yard of not less than ten (10) feet; provided, however, that unattached one-story building of accessory use shall not be required to set back more than five (5) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than thirty-five (35) feet. (3) Rear Yard: Accessory structures shall be no closer to the rear property line than five (5) feet. (d) R-1E DISTRICT: (1) Front Yard: With the exception of an attached front porch addition, accessory structures shall not be permitted in the front yardany closer to the street than the principal building. (2) Side Yard : For unattached buildings of accessory use there shall be a side yard of not less than ten (10) feet; provided, however, that unattached one-story building of accessory use shall not be required to set back less than ten (10) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than forty (40) feet. (3) Rear Yard: Accessory structures shall be no closer to the rear property line than five (5) feet. (e) R-2, AND R-3 DISTRICTS (1) Front Yard: With the exception of an attached front porch addition, accessory structures shall not be any closer to the street than the principal building. The minimum depth of the front yard shall be twentyfive (25) feet. Exception: If twenty-five (25) percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet. (2) Side yard: The side yard setback for interior lots shall be no less than five (5) feet. Accessory structures located in the rear fifty (50) feet of the lot shall have a side yard setback of not less than three

8 (3) feet. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case. An accessory structure cannot be any closer to the street than the principal building. (3) Rear Yard: Accessory structures shall be no closer to the rear property line than five (5) feet. (f) C-1 ZONES: (1) Front Yard: All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth. (2) Side Yard: On the side lot adjoining a residential district there shall be a side yard of not less than ten (10) feet. Whenever the rear lot line of a corner lot abuts a dwelling district, the side yard adjacent to the street shall be not less than fifteen (15) feet in width. In all other cases no side yard shall be required. (3) Rear Yard: Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet. (g) C-2 ZONE: (1) There are no specific front or side yard requirements for uses. (2) Rear Yard: Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in width. In all other cases no rear yard is required. (h) C-3 ZONE: (1) Front Yard: All buildings shall set back from the street right-of-way line to provide a front yard of not less than twenty-five (25) feet in depth. (2) Rear yard: Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in width. In all other cases no rear yard is required. (3) Buildings shall be provided with a yard adequate to meet the off-street parking requirements set forth in subchapter D. (i) I-1 ZONES: (1) Front yard: All buildings shall set back from the street right-of-way line to provide a front yard having not less than twenty-five (25) feet in depth. (2) Side yard: No building shall be located closer than twenty-five (25) feet to a side lot line. (3) Rear yard: No building shall be located closer than twenty-five (25) feet to the rear lot line. (j) I-2 ZONES: (1) There is no specific front or side yard requirements for uses in this district. (2) Rear yard: Where a building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than thirty (30) feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases no rear yard is required. (k) AGRICULTURE ZONE: (1) Front Yard: All buildings shall be set back from street right-of-way lines to provide a front yard the minimum depth which shall not be less than twenty-five (25) feet. (2) Side Yard: All buildings shall be set back from lot lines to provide a side yard of not less than ten (10) feet, except for a corner lot, the side yard adjacent to the street shall be not less than fifteen (15) feet in width. (3) Rear Yard: There shall be a rear yard for a main building of not less than twenty (20) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

9 RESIDENTIAL ACCESSORY BUILDING SETBACKS April 17, 2014 Attachment B Diagram of Setback Requirements

10 CURRENT CODE Street frontage 10 Main Structure Side street 60 ROW Accessory 5 Structure 5 PROPOSED CHANGES 10 Main Structure Accessory Structure 5 5