Proposed Zoning Code Amendments at a Glance

 

BACKGROUND:

The City’s Zoning Ordinance has been in need of an update for many years now.  The Planning Department along with the Building Department has discussed recent developments within the City and has become aware of certain Zoning Codes that need adjustment.  On June 6, 2017 the City Council adopted a work plan for the Planning Department that included general Zoning Code Amendments.  Following the direction from City Council, workshops were conducted with the Planning Commission to work on the Zoning Code amendments.  The Planning staff and the Planning Commission held workshops on the Zoning Code Amendments on July 11, 2017, August 22, 2018, and on November 28, 2017.    The following is a glance of the proposed code amendments.

Proposed Zoning Code Amendments at a glance:

  • Egress Windows:
  • Current code allows for a two and one-half foot (2 ½’) setback distance from the side property line to the egress window well.
  • Proposed code will allow for a two foot (2’) setback distance from the side property line to the egress window well.
  • Setbacks Accessory Buildings:
  • Current code allows for a zero foot (0’) setback distance in residential zones for detached accessory structures, but requires a minimum five-foot setback if roof slopes toward property line.
  • Proposed code will require a minimum three-foot (3’) setback distance from side and rear property lines in residential zones for detached accessory structures. A zero-foot (0’) setback from the rear alley property line would still be permitted if adjacent to an alley and if the roof slopes away from the alley.
  • Shipping Containers:
  • Current code does not address shipping containers as a storage building accessory.
  • Proposed code will prohibit shipping containers as storage buildings accessory to residential uses, C-17L, Downtown Core (DC) and all infill zoning districts.
  • Shipping containers would be permitted as accessory structures in C-17, LM, and M zoning Districts with some safety improvements and a building permit.
  • Parking for Accessory Dwelling Units (ADU’s):
  • Current code does not require an off street parking space for ADU’s.
  • Proposed code will require one off street parking space for ADU’s, consistent with the new Short-Term Rental (STR) Ordinance.
  • Ribbon Driveways:
  • Current code does not allow ribbon driveways to serve single family dwellings.
  • Proposed code will allow as an option for homeowners to install a ribbon driveway to serve their residential single family dwelling, provided that landscaping is planted and maintained in between the ribbons.
  • Driveway Paving:
  • Current code lists pavement options as asphalt, concrete, Portland cement concrete or concrete paver blocks.
  • Proposed code expands list of pavement options to include permeable pavers, grasscrete, grassgrid (or similar)
  • Sidewalk Installation:
  • Current code includes a provision for waiving the sidewalk requirement based on distance to existing sidewalks.
  • Proposed code removes the provision to waive the sidewalk requirement, consistent with the adopted Trails & Bikeways Master Plan.
  • Hardship:
    • Current code does require older nonconforming homes to be rebuilt to the current code if it was damaged or destroyed over 50 percent.
    • Proposed code will allow for older homes built prior to 1946 to be rebuilt over its old foundation or footprint so long as the replacement house is built to the same square footage and height of the previous structure provide it is not in the right of way or over any property line
  • Fill & Berming:
    • Current code does not address the building up and raising of a lot by bringing in fill or dirt.
    • Proposed code will not allow for berming, filling, and the raising of a lot
  • Maximum Number Of Residential Units Per Lot:
    • Current code is not clear on the number of allowed dwelling units on a lot in a residential zoning district.
    • Proposed code will allow a maximum of two dwelling units on a lot in a residential zoning district
  • Construction Permits For 120 Square Feet in Residential Zones:
    • Current code requires a Building Permit for structures 200 square feet or larger.
    • Proposed code will require a Building Permit for structures 120 square feet or larger
  • Projection Above Maximum Height:
    • Current code allows for certain items to project above the maximum height of structures  
    • Proposed code will eliminate certain items that can project above height such as an elevator, and stairway housings, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, but will continue to allow. skylights, spires, flagpoles, chimneys, smokestacks, silos, or radio or television aerials, masts or antennas
  • ADU’s In Basements
    • Current code does not specifically allow an ADU in a basement of a single family dwelling.
    • Proposed code will allow an ADU in a basement of a single family dwelling
  • NC Maximum Height For Accessory Structures
    • Current code does not call out building height requirements for accessory structures in the Neighborhood Commercial Zoning District.
    • Proposed code requires a maximum building height of eighteen feet (18’) for accessory structures in the Neighborhood Commercial Zoning District
  • Caretakers Residence:
    • Current code does not have code requirements for Caretakers Unit.
    • Proposed code has requirements for a Caretakers Unit such as, parking, maximum size of 1400 SF, setbacks, occupancy, and maximum building height.

To see the full code amendments, please CLICK HERE.

The Planning Commission will hold a hearing on February 13, 2018 on the proposed code amendments and make a recommendation to the City Council. 

If you have any questions, please contact Mike Behary (Planner) at mbehary@cdaid.org or by calling (208) 769-2271.