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HomeMy WebLinkAbout812-OB DATE: August 20, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for amendments to the Zoning Ordinance, Sec. 28.02.004, Sec. 28.03.024(c) and Sec. 28.04.006(h)(i)(j)(k) FILE: 812-OB STAFF REPORT The Planning Manager recommends approval. Staff has considered a number of amendments that it feels will clarify city regulations concerning certificates of occupancy, distance from any property for any solid surface and the screening of back flow devices. The recommended amendments are as follows: ARTICLE 28.02 ADMINISTRATION Sec. 28.02.004 Certificate of occupancy and compliance No existing building, structure or lot shall be changed in use; and no building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure shall be occupied or used for its intended purpose unless a certificate of occupancy and compliance shall first have been issued by the building official of the city certifying that the use, building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure complies with the building code, fire code, zoning code, subdivision code and other applicable codes of the city. Before an irrigation water meter can be installed at vacant lots that are to be used for agricultural purposes or for the keeping of livestock, a water meter permit must first be obtained. A backflow prevention device must meet the requirements of the Texas Commission on Environmental Quality. ARTICLE 28.03 DISTRICT REGULATIONS Sec. 28.03.024(c) Area and height exceptions. (1) In residential districts one story, unattached accessory buildings or structures less than twenty (20) feet in height may be located to within two and one-half (2 2) feet from an STAFF REPORT continued interior side yard or rear yard property line provided they are located in the rear yard or as close to the rear yard as existing utility easements will permit; provided, however, that an accessory building or structure cannot cover more than sixty (60) percent of a rear yard. (2) In an industrial district, no structural setback shall be required from a railroad right-of-way not less than fifty (50) feet in width. (3) A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one (1) foot of required yard for each two (2) feet of additional height. In NC, NSC, GC-MD, GC-MD-2, C-M, LI and HI Districts the minimum interior side yard which abuts any property located in an A-R, RS, RM-M, RCR or RCR-H District shall be increased by one (1) foot for each two (2) feet in height for that portion of any structure or building in excess of forty-five (45) feet in height. (4) Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan. (5) Nonconforming lots of record existing at the time of adoption of this chapter and lots or parcels created as a result of condemnation or involuntary sale by the owner to a government entity with the power of eminent domain, shall be exempt, unless otherwise indicated, from the minimum lot area, depth, and width requirements provided they are developed in accordance with all minimum yard requirements. Multifamily uses shall not be exempt from the minimum lot area requirements. (6) When individual attached townhouses or condominiums are to be sold separately, there shall be not minimum lot area requirement; provided that the total land area of the project, including the land on which the units are located and the land held in common ownership by the unity owners, is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located. (7) The height regulations of this chapter shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, storage towers, flagpoles, monuments, ornamental towers or spires, cranes, construction equipment, smoke stacks, stage towers and scenery lofts, tanks, water towers, ham radio and television antennas, and microwave relay, radio and television transmission towers. (8) Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be fifteen (15) feet. (9) Buildings or structures for existing developments in industrial districts shall be exempt from the minimum yard requirements where the expansion, enlargement or separeate addition thereof is limited to land already owned by those businesses or committed to STAFF REPORT continued them under long-term leases (or extensions thereof) at the time of the enactment of this chapter unless it abuts a residential zoning district. (10) Permitted residential uses in the CBD, Central Business District, shall not be subject to the restrictions of a more restricted residential district. (11) The zero-lot-line concept which involves locating a residential dwelling with a doorless and windowless wall actually on one interior side yard lot line adjacent to a dwelling with a side yard that is the width of two (2) minimum side yards for the district in which located, shall be permitted when the appropriate building lines, necessary structural restrictions, five-foot maintenance access easement, and a maximum three-foot roof overhang easement are shown on a recorded plat which has been approved by the planning commission. (12) Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this chapter, apply for a specific use permit in order to be exempt from the minimum yard requirements for the expansion, enlargement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this chapter. (13) Where an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area. (14) Minimum rear yards for lots of record existing at the time of the adoption of this chapter in multiple-family dwelling districts and commercial districts shall be reduced to a minimum of ten (10) percent of the depth of the lot, but not less than a minimum of ten (10) feet. (15) Minimum rear yards in all commercial districts except for C-M shall be reduced to ten (10) feet when the rear yard abuts a commercial district. (16) Exterior side yards when backing up to an abutting side yard in NC, GC-MD and GC-MD-2 Districts shall be reduced to ten (10) feet. (17) In an RS District, the twenty-five-foot rear yard building setback may be reduced to a minimum of fifteen (15) feet provided no accessory buildings of any type shall be permitted to be located in the reduced rear yard. (18) All paved hard surfaces, including but not limited to sidewalks, driveways, pool decks and patios shall be a minimum of two (2) feet from any side or rear property line. STAFF REPORT continued ARTICLE 28.04 SUPPLEMENTAL PROVISIONS Sec. 28.04.006 Landscaping and screening requirements (h) Screening of backflow devices. Any back flow device required by the Plumbing Code, Article 24.02, Division 4, be it a commercial or residential use, shall be completely screened from the street via landscaping or a solid, opaque fence. The existing (h), (i), (j) and (k) will be changed to (i), (j), (k) and (l) respectively.