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7.1 Accessory Uses CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 11/6189 4:00 p.Mt AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR NO. 7 COMMUNITY DEVELOPMENT AGENDA: ITEM Planning Division NO. 1 Roy Dudark~ BY: BY: ~ Item Application #Z89-14a. filed by the Salina City Planning Commission, requesting an amendment of Salina City Zoning Ordinance, Article IV, Section 42-58, Accessory Uses, by increasing the allowable size of accessory storage buildings from 160 ft. to 240 sq. ft. Information The Chief Building Inspector has reported to the planning staff that the 160 sq. ft. size limit on accessory storage buildings is an awkward size and has been difficult to administer. The standard industry sizes for pre-builts and storage building kits are 12' X 18' (216 sq. ft.) and 12' X 20' (240 sq. ft.) and the building inspector has had to turn down requests for buildings larger than 160 sq. ft. Presently, no building permit is required to put up a building 120 sq. ft. or less but a property owner could'go no larger than 160 sq. ft. with a permit. This amendment would allow the building inspector to issue permits for residential storage buildings up to 240 sq. ft. in size. Planning Commission Recommendation On October 17, 1989, the Planning Commission conducted a public hearing on the above referenced application. At the conclusion of the public hearing, the Planning Commission voted 9-0 to recommend approval .of this proposed text amendment. Recommended Action 1. If the City Commission desires to enact this text amendment and concurs with the recommendation of the Planning Commission, a motion should be made to place the attached ordinance on first reading. 2. If the City Commission disagrees with the Planning Commission's recommendation, this item should be returned to the Planning Commission Encl: Application PC Minutes excerpt fr~mOM~6~ON ACTION Ordinance #89- 9352 MOTION BY SECOND BY TO: P.C. Meeting Date October 17~ 1989 . Application No. Z89-14 Date Filed September )5, t989 Fi-ling Fee N/A Reviewed By RD Receipt No. APPLICATION FOR AMENDMENT TO THE ZONING TEXT SALINA CII~F PI~ANNING CO~4ISSION The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for Amendment of Salina City Zoning Ordinance, Article IV~ Sect!ons 42-58~ ..... AcFessgKy Uses and 42-60.~ Home O~9upati. ons~ by increasinQ the allowable size of accessory stgra~.bu!ldin~s from 160 sq. f~ to 240 sq. ft. and by al!owin~ hon~ occupation§ to be conducted in detached accessory buildinqs after revijw an~ Qpproval b.y..~he Board of Zonin~'A~.pe'als. Applicant's Name (Print) Salina City PlanninQ Commission Address 3~0 W. A~h Salina, KS 67402-0736 (Phone) 827-8781 Signature Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the additional sheets. If the applicant(s) is to be represented by legal counsel or an authorized agent, please complete the following in order that correspondence and con~nunications per- taining to this application may be fomwarded to the authorized individual. Name of Representative Address Telephone (Business) Salina City Planning Commission October 17, 1989 Page 5 Mr. Kline asked if the city maintains that drainage? Mr. Dudark stated that it is maintained by the owner. Mr~.Kl~ne asked why the easement is part of it? Mr. Dudark stated that the easement is recorded and so is the obligation of the lot owners to maintain those. Chairman Gaines asked if the applicant would care to make a comment regarding this application? Lawrence Triplett stated that the pond already extends 'back to the lot line and will take up twice the area that is set aside for it. It would withstand a 4,000 year flood. Mr. Morris asked if there are any existing curb cuts on Ohio? Mr. Dudark stated that he believed there are two existing curb cuts. Mr. Morris asked if there are any restrictions as far as coming out on North Street? Mr. Dudark stated that there are no restrictions. There will have to be adequate separation between driveways. Mr. Morris asked about the screening between the RS and the 1-27 Mr. Dudark stated that it is not required as residential development is more than 100' away. MOTION: Mr. Brungardt moved that the commission approve Application #P89-8/SA subject to the two staff recommendations as listed. SECOND: Mrs. Denton seconded t~e motion. VOTE: The vote was unanimous (9-0) in favor of the motion. Motion carried. #4. Application #Z89-1~ filed by the Salina City Planning Commission. Mr. Andrew stated that this application involves two items. The first is a brief one that has to do with the limits on the size of accessory buildings. The building inspector has reported that he has received many applications for permits to put up accessory storage buildings that are in excess of the 160' limit in the zoning ordinance. He stated that there are primarily two sizes of buildings, 120 sq. ft. and 240 sq. ft. He stated that this would make his job alot easier if the limit were changed to 240 sq. ft. which would be consistent with the structures they are producing and selling in the storage building industry. He does not feel there would be a negative impact as these buildings would still be smaller than most single car garages or consistent with that size. Rather than consistently turn down people who want to have larger buildings, he requested that we change the square footage limitation. The second amendment has to do with home occupation regulations. This situation came about when an individual wanted to do a fishing rod and reel repair in a detached garage. The ordinance reads that all home businesses have to be conducted inside the home or an attached garage which is considered a part of the home. The BZA did not want to differ with the interpretation of this regulation. At the Planning Commission's direction, staff prepared an amendment to those regulations. The amendment section in the report highlights some of the proposed changes. These changes would allow staff and the police department to enforce the regulations. Staff did make a provision for home occupations in detached buildings. Small engine repair is now listed as a permitted use. Previously, that was not listed as permitted or prohibited use. There are people who come in with requests for a lawn mower repair business and we wanted to make clear whether they were allowed to do that. We tried to balance the need for some persons to make a living doing that and the possible effect on n~ighbors and d~cided to list it as a permitted use. Bed and Breakfasts are also listed as a permitted use within a limited size and after a review by the BZA. The first section of the amendment deals with the new performance standards. The second section lists the permitted uses. The third section lists uses that would be prohibited. The fourth section Salina City Planning Conm~ission October 17, 1989 Page 6 makes provision for the BZA to accept applications for someone who wants a home occupation in a separate building. Mr. Anderson asked why the building size is so tough to administer? He asked what kind of buildings they are talking about? Mr. Dudark stated that today 160' is on the shy side. Mr. Andrew stated that this would allow someone to put up a 240 sq. ft. accessory building instead of a single car §ara§e because the building code has different requirements for an accessory building than it does for a garage in terms of materials and doors and how they are built. Chairman Gaines asked where they can be located. Mr. Dudark stated that they could be located 3' from the property line. Mr. Kline asked if there is a permit required for a certain size? Mr. Andrew stated for a building 120 sq. ft. or less you do not need a building permit. For anything larger you need a permit. Mr. Morris stated that a person Could put up a 10' X 12' and not have to come to the city to get a permit? Mr. Andrew stated that the industry makes a prefab and build your own accessory buildings and 10' X 12' and 12' X 20' are standard dimensions. A 160 sq. ft. building is not a common size. Mrs. Denton stated that right now a 240 sq. ft. building could not be put up with or without a permit. Mr. Andrew stated that under this proposal, a 240 sq. ft. building would not be allowed without a permit. A garage could be that big but these are people who want to build accessory buildings and not single car garages. Mr. Morris asked how many requests have there been in the last 6 months? Mr. Andrew stated that the building inspector would be able %o answer that. Mr. Anderson asked if there is a height limitation on these buildings? Mr. Andrew stated that they will not be any higher than a g~rage but there are height restrictions in every zoning district. Mr. Dudark asked Mike Peterson, Chief Building Official, to talk about why we are requesting this amendment. Mr. Morris asked Mr. Peterson how many requests there have been in the ~ast 6 months? Mr. Peterson stated that we have turned down about a half a dozen requests and we have about 10 more that were modified to fit. The problem is the current sizes for storage buildings no longer fit the 160' minimum if they purchase a kit. Most are 12' X 20' and the prebuilt's will range from 10' X 20' and 10' X 18'. A 10' X 18' is very popular for a prebuitt. From 120 sq. ft. up it requires a permit. When there is an insignificant difference in size between 120' and 160', it does require a permit. The other problem is that they can now go ahead and build a 240 sq. ft. building if they put a garage door in it and have access to the back yard. This does not accomplish much. Chairman Gaines asked what are the requirements for a garage? Mr. Peterson stated that a garage can be no larger than 720 sq. ft. If you have an attached garage but you want a 240 sq. ft. storage building in your back yard all you have to do is put up a garage door and call it a garage. Chairman Gaines stated that he was having a hard time trying to understand why we were changing city code to satisfy the manufacturer's of metal buildings. Salina City Planning Commission October 17, 1989 Page 7 Mr. Peterson stated that the prebuilts are mostly wooden structures. Accessory buildings will still have to meet the code requirements. Mr. Haworth asked about foundation and footing regulations. He asked if they will be changed? Mr, Peterson stated that the footing regulations that exist now will remain the same ohly a 4" slab for 120 sq. ft. or smaller, a 12" X 12" footing with a 4" slab for 120 sq. ft. up to 400 sq. ft., and 400 sq. ft. on up a footing is 30" in depth. Chairman Gaines asked if there are any restrictions on air conditioning a storage building? Mr. Peterson stated that they can put heating and electricity in it if they also put in water and plumbing. We have done inspections on that because it's possible it is no longer an accessory building but is a residence. They had a problem with an artist studio where the gentleman put the artist studio in his garage. The neighboring property owners considered it not only a studio but a residence. Mr. Anderson asked how big a garage you can get a permit for? Mr. Peterson stated that it can not be larger than your house and depending on the size of the lot, it can be 360 sq. ft. of garage space per every 3,000 sq. ft. of lot area. Mr. Dudark stated that you can get a 720 sq. ft. two car garage on any single-family lot. Anything larger than that requires more lot area. Mr. Peterson stated that you have to have a 9,000 sq. ft. lot to have a 1,080 or a 12,000 sq. ft. lot for 1,440. Mr. Anderson stated that he does not think a storage building to put a lawn mower in needs to be bigger than a house. Mr. Dudark stated that the proposal is for an increase of 80 sq. ft. This is a 50% increase in size for an accessory building. When the ordinance was written it was probably large enough. Mr. Peterson stated that some people will complail~ about an overhead garage door and want to put in two 4' double doors side by side and create an 8' opening and that is really difficult for us to say that that is not a garage because the opening is wide enough to admit a vehicle even though it is not a traditional garage door, it fits the category in terms of size. The majority of requests have been slightly smaller than 240' but we chose it because it seemed to be a normal building dimensi.on. MOTION: Mr. Hardman moved that the commission approve Application #Z89-14 as written. SECOND: Mrs. Denton seconded the motion. Mr. Morris asked if the city would issue permits for any building up to 240 sq. ft.? Mr. Peterson stated that we would still be issuing permits for any accessory building from 120 sq. ft. up to 240 sq. ft. Mr. Dudark asked if the motion was just for the accessory buildings? Mr, Hardman stated that it is just for the accessory buildings. VOTE: The vote was unanimous (9-0) in favor of the motion. Motion carried. Mr. Dudark stated that two Changes in the home occupation regulations would be that the home occupation would be allowed from 7:30 a.m. to 10:00 p.m. in a detached building. The inhouse business would not have any time limits. The other change would be review of proposed uses in detached buildings by the BZA on a case by case basis. Either one of these uses would require notification of adjacent property owners and a hearing before the home occupation could be allowed. (Published in The Salina Journal November , 1989) ORDINANCE NUMBER 89-9352 AN ORDINANCE AMENDING SECTION #2-58 OF THE SALINA CODE PERTAINING TO ACCESSORY USES; AND REPEALING THE EXISTING SECTION. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section q2-58 of the Salina Code is hereby amended to read as follows: "Section u,2-58. Accessory ~uses. No accessory use, building or structure shall be located in any required front, side or rear yard, except as provided in subsections (1), (2) and (3) and that the following permitted accessory uses will be allowed in any zoning district in connection with any principal use is permitted: (1) Permitted uses. Permitted accessory uses include, but are not limited to the following: a, A structure for storage incidental to a permitted use, provided no such structure that is accessory to a residential building shall exceed two hundred forty (2q0) square feet in gross floor area, the use shall be in keeping with the principal structure, and provided no such structure located in the front yard setback. b. A child's playhouse, provided it shall not be more than one hundred twenty (120) square feet in gross floor area; c. A detached garage, provided that no part of such structure is located in the front yard setback, and provided that such structure shall not contain space for more than two (2) vehicles unless the lot is in excess of six thousand (6o000) square feet in which one additional vehicular space shall be permitted for each additional three thousand (3,000) square feet of lot area. For purposes of this section, a vehicular space shall not exceed three hundred sixty (360) square feet. d. A private swimming pool and bathhouse, provided that no part of such structure or use is located in the front yard setback; e. In the RS district only, a guest house (without kitchen facilities) or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building, and not as rental units, for permanent occupancy as housekeeping units and provided that no part of such structure is located in the front yard setback; f.Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges; g. Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district and provided that no part of such structure is Io~ated in the front yard setback; h. Signs, when permitted by article X of this chapter and by the individual district regulations; i. Off-street parking and loading spaces, as permitted by article XI of this chapter; j. Restaurants, drugstores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel or office buildlng; k. Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building; I. Outdoor storage or overnight parking, in a residential district, of boats, boat trailers, or recreational vehicles, provided such storage does not constitute a traffic or safety hazard, and buses when associated with a church or school and parked no closer than fifty (50) feet from any adjacent residential district; m. Wind energy conversion systems (WECS} under the following restrictions; 1. The minimum distance from all zoning lot lines to any tower, pole or other support base of the WECS shall be determined by the following table: Setback Rotor Diameter Distance (feet) (feet) 5 100 10 165 15 220 20 270 25 310 30 3q0 35 365 q0 385 Intermediate rotor size distances shall be Interpolated. The WECS shall not be located in any required yard. 2. The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed sixty (60) dBA in a residential zone. 3. To limit climbing access to a WECS tower, or other support structure, a six (6) foot high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than twelve (12) feet from the ground or the WECS support may be mounted on a roof top. #. All blades of a WECS shall be constructed of non-metalic substances. If the applicant can prove, in written form, that no electromagnetic interference will result, a metal content of up to twenty-five (25) percent will be acceptable. 5. The WEC$ shall be located in compliance with the guidelines of the federal aviation regulations with regard to airport approach (15,503) and clearance around VOR and DVOR stations. 6, Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than twenty (20) feet. The height of the WECS shall be measured at the center of the blade diameter. 7. Data pertaining to the WECS~s safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adaptor shall meet the restrictions specified in the city's building code. 8. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulations applicable to WECS. 9. A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within two hundred (200) feet of the exterior lot lines. 10. The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site. 11. The owner/operator shall certify that the WECS aoes not violate any covenants of record. 12. The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect. (2) Bulk regulations. Accessory structures and uses shall comply with the bulk regulations applicable in the zoning district in which they are located, and: a. Shall be set back at least five (5) feet from the rear lot line when no alley exists and ten (10) feet when an alley exists; b. Shall maintain a three (3) foot side yard, except that no part of any accessory building shall be located closer than three (3) feet in residential districts and ten (ten) feet in all other districts to any principal structure, either on the same lot or an adjacent lot, unless it is attached to, or forms a part of, such principal structure; c. Shall, on corner lots, be set back from the side street a distance not less than that required for the principal structure; d. Fences shall comply with article XII of chapter 8; and e. In no event shall an accessory building or structure be allowed which is larger in size or area than the principal building, structure or use it serves. (3) Use limitations. Accessory structures and uses shall comply with the use regulations applicable in the zoning district in which they are located, but no accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory°" Section 2. That the existing Section u,2-58 is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: November 6, 1989 Passed: November 13, 1989 Joseph A. Warner, Mayor [SEAL] ATTEST: Jacqueline Shiever, City Clerk