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HomeMy WebLinkAboutZOA-10-03CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMOTT COUNCIL BILL NO. 14 ORDINANCE NO. 146T— Series 2010 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY BUILDINGS ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that there is a need to allow for accessory buildings and structures on properties with commercial or industrial zoning, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -204 of the Code is amended to read Sec. 26 -204. Zone district use schedule. A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section. B. The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Acce'sss�'r�r butldmgs,`and structures Se`e § 26 625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Primarily for the occupants of a building Food services containing a permitted use when located within the same building Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 Key: P = Permitted Principal Uses S = Special Uses (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1273, § 2, 1- 13 -03; Ord. No. 1274, § 2, 1- 13-03; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1301, §§ 2 - -4, 7- 28 -03; Ord. No. 1302, §§ 4 - -6, 7- 28 -03; Ord. No. 1313, § 10, 10- 27 -03; Ord. No. 1322, § 1, 5- 10 -04; Ord. No. 1348, § 1, 7- 11 -05; Ord. No. 1370, § 1, 8- 28 -06; Ord. No. 1375, §§ 1, 2, 10- 24 -06; Ord. No. 1387, § 2, 6- 11 -07; Ord. No. 1413, §§ 2, 3, 6 -9 -08) Section 2: Section 26 -625 of the Code is amended to read: Sec. 26 -625. Accessory buildings andstru�tures' A. Purpose and scope. The purpose of this section is to allow accessory buildings that are incidental and subordinate to the principal use and structure on a property and to set forth standards that help to minimize adverse impacts of these buildings on adjacent property. The purpose of this section is also to allow flexibility to construct accessory buildings on challenging properties relative to size and existing physical improvements while minimizing adverse impacts on surrounding properties. Thefereris B. Applicability. All accessory buildings _ _ "shall be subject to the provisions set forth in this section, and those in sections 26 -205 to 4 2¢ 220 v. _ :. (zone district regulations). In the event of a conflict between the accessory building standards in this section and any other requirements of this Code, this section shall control. C. Accessory building standards fkresitlentra /and agricu/turaf`none stncts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. b. Size and height. The size and height of accessory buildings shall be as set forth in the residential and' agrLcuCtrafzpiig 'c�strrctregyila #ons,_as Iapp rcable in sections 26 -205 to 26 -214. c. Miscellaneous provisions. i. Metal accessory building restriction. Metal accessory buildings over one hundred twenty (120) square feet are not permitted in any residential zoning district. Frame -built residential accessory structures over one hundred twenty (120) square feet in size may be allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Vertically placed vinyl -clad siding is not allowed. ii. Buildings housing animals. Any building that houses animals, except a residence, shall be setback a minimum of fifteen (15) feet from property lines and at least thirty (30) feet from a residential structure on an adjacent property, except as otherwise specified in any zone district. iii. Gates and guard houses. Gates and guard houses are only allowed as part of an approved planned development. iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory. 2. Major and minor accessory buildings. Major and minor accessory buildings shall be as defined in sections 26 -205 to Section 26 -214 based on size and height. 3. Allowable setback encroachments for accessory buildings. Accessory buildings may encroach into required setbacks as set forth below: a. Front yards and side and rear yards abutting public streets. Where an existing principal building that lawfully existed at the time of the adoption or amendment of this section encroaches into a required front yard setback or a required side or rear yard setback abutting a public street, an accessory building may encroach into the required setback as follows, provided that there shall be no encroachment into the minimum sight distance triangle as set forth in subsection 26- 603.6: Detached garages and carports. Detached garages and carports may build in line with the nonconforming principal building, as long as the detached garage is located behind the front or street - facing facade of the principal building, except as follows: a) Where the garage door or main vehicular access is located parallel to the street, the setback cannot be between five (5) feet and eighteen (18) feet. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. (See Figure 26- 625.1) b) Where the garage door or main vehicular access is located perpendicular to the street, the detached garage or carport may be built in line with the principal building. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. c) Where the garage door or main vehicular access is located parallel to and accessed off of an arterial street, the detached garage may not encroach into the required setback. d) The community development director may require modified setbacks in these instances where there may be potentially hazardous conditions. ii. All other accessory buildings. Accessory buildings that do not have any vehicular access may build in line with the nonconforming principal structure in front yards and side and rear yards abutting public streets, as long as the accessory building is located behind the front or street - facing facade of the principal structure. (Ord. No. 1448, § 5, 8- 24 -09) Section 3: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: Severability: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of July, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, August 9th, 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 - to 0 , this 9 th day of August, 2010. SIGNED by the Mayor on this 9th day of August, 2010. ATT Michael Snow, City Clerk 3, 2010 Second Publication: August 12, 2010 Wheat Ridge Transcript: Effective Date: August 24, 2010 Consent Agenda was introduced and read by Mrs. Langworthy. Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mr. Reinhart; carried 8 -0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 14 -2010 — amending Articles II and VI of Chapter 26 concerning Accessory Buildings on properties with Commercial or Industrial Zoning. Mayor DiTullio opened the public hearing. Council Bill 14 -2010 was introduced on second reading by Council Member DeMott. City Clerk Michael Snow assigned Ordinance No. 1468. Ms. Showalter presented the staff report. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill 14 -2010 (Ordinance 1468) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8 -0. 3.A. Resolution 37 -2010 — making certain findings of fact regarding the proposed annexation of two remnant parcels of right -of -way located in the east half of Section 16, Township 3 south, Range 69 west of the Sixth Principal Meridian, County of Jefferson, State of Colorado. (Case No. ANX -10 -02 /City of Wheat Ridge. 3.B. Council Bill 12 -2010 —An Ordinance approving the Annexation of two remnant parcels of right -of -way located in the East Half of Section 16, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado. (Case No. ANX -10 -02 /City of Wheat Ridge) Resolution 37 -2010 and Council Bill 12 -2010 were introduced by Council Member Stites. City Clerk Michael Snow assigned Ordinance No. 1469 to Council Bill 12 -2010. Mayor DiTullio opened the public hearing. Mrs. Reckert presented the staff report. Mayor DiTullio closed the public hearing. Case No. ZOA -10 -03 JU U%oLUIGa VII I-WI In II.II Iunr w I] I" zoned property �grw=Ric�3� Case No. ZOA -10 -03 use permits Tor accessory structures (expire after 1 year) • Many businesses cannot afford to expand their primary building for storage needs 'i Wheat[ id�;e Case No. ZOA -10 -03 Wheat @g, Case No. ZOA-10-03 CuyM Case No. ZOA-10-03 at is at least as tall as (up to 8' tall) Case No. ZOA-10-03 Pryor City of Wheat -Midge w1 ITEM NO: 2 t � f DATE: August 9, 2010 S J REQUEST FOR CITY COUNCIL ACTION o ,1C y v o o fWneat P � az ylWM1eatP�a . I IV-pr v�t�T TITLE: COUNCIL BILL NO. 14 -2010 — AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY STRUCTURES ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING (CASE NO. ZOA- 10 -03) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 READING (07/26/2010) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2 READING (08/09/2010) ❑ RESOLUTIONS QUASI -J JDICIAL: a ❑ YES J ommunity Develo went Direc r ►1 • ISSUE: Chapter 26 of the Wheat Ridge Municipal Code does not allow for any accessory building, such as a storage shed or garage, on properties within a commercial or industrial zone district. The proposed code amendment would allow accessory structures on such properties, subject to regulations regarding size, placement, maximum number, and design/screening. The proposed amendment to the current zoning code would allow properties with commercial or industrial zoning to have accessory structures. The amendment is intended to facilitate the City's economic development efforts. PRIOR ACTION: City Council provided direction to staff at the May 17, 2010 Study Session. Council recommended that staff add an option for business owners to construct a small shed that is not required to match the materials of the primary building. Staff has incorporated this suggestion into the ordinance. Planning Commission reviewed the proposed amendments at their June 3, 2010 Study Session and agreed with the recommendation to allow a small structure made of materials that differ from the primary building. ZOA -I0 -03 Accessory Structures Code Amendment Ordinance Amending Code of Laws — Accessory Structures August 9, 2010 Page 2 Planning Commission recommended approval of the proposed ordinance at a Public Hearing on June 15,. 2010, with the condition that staff clarify if owners would be able to apply for a variance in one or both of the following cases: (1) if an owner with either industrial or commercial zoning would like to apply for more accessory structures than permitted; and (2) if an owner in a commercial zone district would like to have a shipping container. Staff researched this issue and confirmed with the City Attorney that a variance request would not be possible for either option. Section 26 -115.0 of the current code, pertaining to variances, states that variance requests only apply to certain development standards within the code, not including the supplementary standards in Article VI, where the accessory structure regulations are located. FINANCIAL IMPACT: It is not expected that the proposed code amendment to allow accessory structures on commercial and industrial properties would have a direct fmancial impact for the City. However, approval of the ordinance would enable many business owners to invest in their property, contributing to business retention and economic development within Wheat Ridge. BACKGROUND: Chapter 26 of the Wheat Ridge Municipal Code does not allow any property with commercial or industrial zoning to have an accessory structure on site. This provision has been in place since 2001. There are numerous commercial and industrial property owners in Wheat Ridge who have expressed interest in building an accessory building, most often to meet storage needs. Currently, the only option for such owners is to receive a Temporary Use Permit, which lasts for a maximum of one year only, or to add on to the primary building, which is often cost - prohibitive. There are some commercial and industrial properties in the City that already have legal nonconforming 6r illegal accessory structures, often shipping containers, on their property. A provision in the code allowing for accessory structures in commercial and industrial zones would provide a viable, legal, and affordable option for property owners to construct accessory buildings. Several jurisdictions in the Denver metro area allow for accessory structures on commercial and industrial properties. Of 12 local municipalities researched by staff, 11 allowed for accessory buildings within commercial and industrial districts. Most jurisdictions include regulations on the size, maximum number, placement, and design of accessory structures to ensure that they do not dominate a property or have an aesthetic impact on neighboring properties and adjacent streets. RECOMMENDATIONS: The intent of the attached ordinance is to provide a viable, legal option for property owners in industrial and commercial zone districts to build accessory structures on their property. This will serve the needs of existing and future business owners for on -site storage and parking. The proposed ordinance would set minimum standards for accessory buildings to ensure that they are appropriately placed and designed and that they do not have a negative visual impact on the surrounding area. Ordinance Amending Code of Laws — Accessory Structures August 9, 2010 Page 3 The proposed regulations include the following items: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case may an individual accessory structure exceed 500 square feet. • Maximum number: One for commercial districts; two for industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right -of -way) • Required setbacks: 5 -feet side; 10 -feet rear • Minimum required building separation: per building code • Maximum height: 12 feet • Materials: the structure must have materials that are architecturally compatible with the primary structure • Storage units /shipping containers: • Not allowed in commercial districts • Maximum of one allowed in industrial districts, but must be screened by a wall or opaque fence that is at least as tall as the unit (maximum of 8 feet tall) Based on input from City Council at the May 17 Study Session, the proposed ordinance includes the option to construct a small accessory structure —120 square feet or less — that is not required to have materials compatible with the primary structure. These structures could be composed of any material except metal and would allow a business owner to keep a small shed for storage on their property. RECOMMENDED MOTION: "I move to approve Council Bill No. 14 -2010 Case No. ZOA- 10 -03, an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with commercial or industrial zoning, on second reading and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 14 -2010 Case No. ZOA- 10 -03, an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with commercial or industrial zoning, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Sarah Showalter, Planner II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 14 -2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMOTT COUNCIL BILL NO. 14 ORDINANCE NO. Series 2010 TITLE: AN ORDINANCE AMENDING ARTICLES 11 AND VI OF CHAPTER 26 CONCERNING ACCESSORY BUILDINGS ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that there is a need to allow for accessory buildings and structures on properties with commercial or industrial zoning, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -204 of the Code is amended to read: Sec. 26 -204. Zone district use schedule. A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section. B. The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: Attachment 1 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See § 26 -625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Primarily for the occupants of a building Food services containing a permitted use when located within the same building Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 Key: P = Permitted Principal Uses S = Special Uses (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1273, § 2, 1- 13 -03; Ord. No. 1274, § 2, 1- 13-03; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1301, §§ 2 -4, 7- 28 -03; Ord. No. 1302, §§ 4 - -6, 7- 28 -03; Ord. No. 1313, § 10, 10- 27 -03; Ord. No. 1322, § 1, 5- 10 -04; Ord. No. 1348, § 1, 7- 11 -05; Ord. No. 1370, § 1, 8- 28 -06; Ord. No. 1375, §§ 1, 2, 10- 24 -06; Ord. No. 1387, § 2, 6- 11 -07; Ord. No. 1413, §§ 2, 3, 6 -9 -08) Section 2: Section 26 -625 of the Code is amended to read: Sec. 26 -625. Accessory buildings and structures'. A. Purpose andscope. The purpose of this section is to allow accessory buildings that are incidental and subordinate to the principal use and structure on a property and to set forth standards that help to minimize adverse impacts of these buildings on adjacent property. The purpose of this section is also to allow flexibility to construct accessory buildings on challenging properties relative to size and existing physical improvements while minimizing adverse impacts on surrounding properties. The terms building and structure are used interchangeably in this section and all regulations herein apply to buildings and structures, irrespective of the term used. B. Applicability. All accessory buildings on residentially zoned ^ ^^t shall be subject to the provisions set forth in this section, and those in sections 26 -205 to 26 26 -220 (zone district regulations). In the event of a conflict between the accessory building standards in this section and any other requirements of this Code, this section shall control. C. Accessory building standards for residential and agricultural zone districts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. b. Size and height. The size and height of accessory buildings shall be as set forth in the residential and agricultural zone district regulations, as applicable, in sections 26 -205 to 26 -214. c. Miscellaneous provisions. i. Metal accessory building restriction. Metal accessory buildings over one hundred twenty (120) square feet are not permitted in any residential zoning district. Frame -built residential accessory structures over one hundred twenty (120) square feet in size may be allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Vertically placed vinyl -clad siding is not allowed. ii. Buildings housing animals. Any building that houses animals, except a residence, shall be setback a minimum of fifteen (15) feet from property lines and at least thirty (30) feet from a residential structure on an adjacent property, except as otherwise specified in any zone district. iii. Gates and guard houses. Gates and guard houses are only allowed as part of an approved planned development. iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory. 2. Major and minor accessory buildings. Major and minor accessory buildings shall be as defined in sections 26 -205 to Section 26 -214 based on size and height. 3. Allowable setback encroachments for accessory buildings. Accessory buildings may encroach into required setbacks as set forth below: a. Front yards and side and rear yards abutting public streets. Where an existing principal building that lawfully existed at the time of the adoption or amendment of this section encroaches into a required front yard setback or a required side or rear yard setback abutting a public street, an accessory building may encroach into the required setback as follows, provided that there shall be no encroachment into the minimum sight distance triangle as set forth in subsection 26- 603.13: Detached garages and carports. Detached garages and carports may build in line with the nonconforming principal building, as long as the detached garage is located behind the front or street - facing facade of the principal building, except as follows: a) Where the garage door or main vehicular access is located parallel to the street, the setback cannot be between five (5) feet and eighteen (18) feet. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. (See Figure 26- 625.1) b) Where the garage door or main vehicular access is located perpendicular to the street, the detached garage or carport may be built in line with the principal building. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. c) Where the garage door or main vehicular access is located parallel to and accessed off of an arterial street, the detached garage may not encroach into the required setback. d) The community development director may require modified setbacks in these instances where there may be potentially hazardous conditions. ii. All other accessory buildings. Accessory buildings that do not have any vehicular access may build in line with the nonconforming principal structure in front yards and side and rear yards abutting public streets, as long as the accessory building is located behind the front or street - facing facade of the principal structure. D. Accessory building standards for commercial and industrial zone districts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. iii. Accessory buildings shall only be located in the side or rear yard. Accessory buildings may not be located in side yards that abut a public right -of -way. b. Maximum number. i. In commercial zone districts, a maximum of one accessory building shall be allowed. ii. In industrial zone districts, a maximum of two accessory buildings shall be allowed. c. Size. The total floor area of all accessory structures on a single property may not exceed 50 percent of the floor area of the primary structure located on that property. In no case may a single accessory structure exceed 500 square feet in floor area. d. Setbacks. i. The required side yard setback shall be a minimum of five feet. ii. The required rear yard setback shall be a minimum of 10 feet. e. Height. The maximum height of any accessory structure shall be twelve (12) feet. ca` (Ord. No. 1448, § 5, 8- 24 -09) Section 3: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: Severability: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 26th day of July, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, August 9th, 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 9th day of August, 2010. SIGNED by the Mayor on this 9th day of August, 2010. ATTEST: Jerry DiTullio, Mayor Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: July 29, 2010 Second Publication: Wheat Ridge Transcript: Effective Date: City of r Wheat "ge � ITEM NO: DATE: July 26, 2010 A OR CITY COUNCIL ACT 7 � ofNhieatP� �ufWFea�P 7 -6 TITLE: COUNCIL BILL NO. 14 -2010 — AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY STRUCTURES ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING (CASE NO. ZOA- 10 -03) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (07/26/2010) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (08/09/2010) ❑ RESOLUTIONS QUASI - JUDICIAL: ❑ YES C unity ev lopment Director City Manager ISSUE: Chapter 26 of the Wheat Ridge Municipal Code does not allow for any accessory building, such as a storage shed or garage, on properties within a commercial or industrial zone district. The proposed code amendment would allow accessory structures on such properties, subject to regulations regarding size, placement, maximum number, and design/screening. The proposed amendment to the current zoning code would allow properties with commercial or industrial zoning to have accessory structures. The amendment is intended to facility the City's economic development efforts. PRIOR ACTION: City Council provided direction to staff at the May 17, 2010 Study Session. Council recommended that staff add an option for business owners to construct a small shed that is not required to match the materials of the primary building. Staff has incorporated this suggestion into the ordinance. Planning Commission reviewed the proposed amendments at their June 3, 2010 Study Session and agreed with the recommendation to allow a small structure made of materials that differ from the primary building. ZOA -10 -03 Accessory Structures Code Amendment Ordinance Amending Code of Laws — Accessory Structures July 26, 2010 Page 2 Planning Commission recommended approval of the proposed ordinance at a Public Hearing on June 15, 2010, with the condition that staff clarify if owners would be able to apply for a variance in one or both of the following cases: (1) if an owner with either industrial or commercial zoning would like to apply for more accessory structures than permitted; and (2) if an owner in a commercial zone district would like to have a shipping container. Staff researched this issue and confirmed with the City Attorney that a variance request would not be possible for either option. Section 26 -115.0 of the current code, pertaining to variances, states that variance requests only apply to certain development standards within the code, not including the supplementary standards in Article VI, where the accessory structure regulations are located. FINANCIAL IMPACT: It is not expected that the proposed code amendment to allow accessory structures on commercial and industrial properties would have a direct fmancial impact for the City. However, approval of the ordinance would enable many business owners to invest in their property, contributing to business retention and economic development within Wheat Ridge. BACKGROUND: Chapter 26 of the Wheat Ridge Municipal Code does not allow any property with commercial or industrial zoning to have an accessory structure on site. This provision has been in place since 2001. There are numerous commercial and industrial property owners in Wheat Ridge who have expressed interest in building an accessory building, most often to meet storage needs. Currently, the only option for such owners is to receive a Temporary Use Permit, which lasts for a maximum of one year only, or to add on to the primary building, which is often cost - prohibitive. There are some commercial and industrial properties in the City that already have legal nonconforming' or illegal accessory structures, often shipping containers, on their property. A provision in the code allowing for accessory structures in commercial and industrial zones would provide a viable, legal, and affordable option for property owners to construct accessory buildings. Several jurisdictions in the Denver metro area allow for accessory structures on commercial and industrial properties. Of 12 local municipalities researched by staff, 11 allowed for accessory buildings within commercial and industrial districts. Most jurisdictions include regulations on the size, maximum number, placement, and design of accessory structures to ensure that they do not dominate a property or have an aesthetic impact on neighboring properties and adjacent streets. The intent of the attached ordinance is to provide a viable, legal option for property owners in industrial and commercial zone districts to build accessory structures on their property. This will serve the needs of existing and future business owners for on -site storage and parking. The proposed ordinance would set minimum standards for accessory buildings to ensure that they are appropriately placed and designed and that they do not have a negative visual impact on the surrounding area. Ordinance Amending Code of Laws — Accessory Structures July 26, 2010 Page 3 The proposed regulations include the following items: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case may an individual accessory structure exceed 500 square feet. • Maximum number: One for commercial districts; two for industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right -of -way) • Required setbacks: 5 -feet side; 10 -feet rear • Minimum required building separation: per building code • Maximum height: 12 feet • Materials: the structure must have materials that are architecturally compatible with the primary structure • Storage units /shipping containers: o Not allowed in commercial districts o Maximum of one allowed in industrial districts, but must be screened by a wall or opaque fence that is at least as tall as the unit (maximum of 8 feet tall) Based on input from City Council at the May 17 Study Session, the proposed ordinance includes the option to construct a small accessory structure —120 square feet or less — that is not required to have materials compatible with the primary structure. These structures could be composed of any material except metal and would allow a business owner to keep a small shed for storage on their property. "I move to approve Council Bill No. 14 -2010 Case No. ZOA- 10 -03, an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with commercial or industrial zoning, order it published, public hearing set for Monday, August 9th at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 14 -2010 Case No. ZOA- 10 -03, an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with commercial or industrial zoning, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Sarah Showalter, Planner II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 14 -2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 14 ORDINANCE NO. _ Series 2010 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY BUILDINGS ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that there is a need to allow for accessory buildings and structures on properties with commercial or industrial zoning, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -204 of the Code is amended to read: Sec. 26 -204. Zone district use schedule. A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section. B. The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: ATTACHMENT 1 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See § 26 -625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Primarily for the occupants of a building Food services containing a permitted use when located within the same building Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 Key: P = Permitted Principal Uses S = Special Uses (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1273, § 2, 1- 13 -03; Ord. No. 1274, § 2, 1- 13-03; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1301, §§ 2 -4, 7- 28 -03; Ord. No. 1302, §§ 4 - -6, 7- 28 -03; Ord. No. 1313, § 10, 10- 27 -03; Ord. No. 1322, § 1, 5- 10 -04; Ord. No. 1348, § 1, 7- 11 -05; Ord. No. 1370, § 1, 8- 28 -06; Ord. No. 1375, §§ 1, 2, 10- 24 -06; Ord. No. 1387, § 2, 6- 11 -07; Ord. No. 1413, §§ 2, 3, 6 -9 -08) Section 2: Section 26 -625 of the Code is amended to read: Sec. 26 -625. Accessory buildings and structures. A. Purpose and scope. The purpose of this section is to allow accessory buildings that are incidental and subordinate to the principal use and structure on a property and to set forth standards that help to minimize adverse impacts of these buildings on adjacent property. The purpose of this section is also to allow flexibility to construct accessory buildings on challenging properties relative to size and existing physical improvements while minimizing adverse impacts on surrounding properties. The terms building and structure are used interchangeably in this section and all regulations- herein:apply to buildings and structures, irrespective of the term used. B. Applicability. All accessory buildings on residentially zoned property shall be subject to the provisions set forth in this section, and those in sections 26 -205 to 26-214 26 -220 (zone district regulations). In the event of a conflict between the accessory building standards in this section and any other requirements of this Code, this section shall control. C. Accessory building standards for residential and agricultural zone districts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. b. Size and height. The size and height of accessory buildings shall be as set forth in the residential and agricultural zone district regulations, as applicable, in sections 26 -205 to 26 -214. c. Miscellaneous provisions. i. Metal accessory building restriction. Metal accessory buildings over one hundred twenty (120) square feet are not permitted in any residential zoning district. Frame -built residential accessory structures over one hundred twenty (120) square feet in size may be allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Vertically placed vinyl -clad siding is not allowed. ii. Buildings housing animals. Any building that houses animals, except a residence, shall be setback a minimum of fifteen (15) feet from property lines and at least thirty (30) feet from a residential structure on an adjacent property, except as otherwise specified in any zone district. iii. Gates and guard houses. Gates and guard houses are only allowed as part of an approved planned development. iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory. 2. Major and minor accessory buildings. Major and minor accessory buildings shall be as defined in sections 26 -205 to Section 26 -214 based on size and height. 3. Allowable setback encroachments for accessory buildings. Accessory buildings may encroach into required setbacks as set forth below: a. Front yards and side and rear yards abutting public streets. Where an existing principal building that lawfully existed at the time of the adoption or amendment of this section encroaches into a required front yard setback or a required side or rear yard setback abutting a public street, an accessory building may encroach into the required setback as follows, provided that there shall be no encroachment into the minimum sight distance triangle as set forth in subsection 26- 603.6: Detached garages and carports. Detached garages and carports may build in line with the nonconforming principal building, as long as the detached garage is located behind the front or street - facing facade of the principal building, except as follows: a) Where the garage door or main vehicular access is located parallel to the street, the setback cannot be between five (5) feet and eighteen (18) feet. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. (See Figure 26- 625.1) b) Where the garage door or main vehicular access is located perpendicular to the street, the detached garage or carport may be built in line with the principal building. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. c) Where the garage door or main vehicular access is located parallel to and accessed off of an arterial street, the detached garage may not encroach into the required setback. d) The community development director may require modified setbacks in these instances where there may be potentially hazardous conditions. ii. All other accessory buildings. Accessory buildings that do not have any vehicular access may build in line with the nonconforming principal structure in front yards and side and rear yards abutting public streets, as long as the accessory building is located behind the front or street - facing facade of the principal structure. 0 1 maximum of one accessory d . ii. I The required rear yard setback shall be a minimum of 10 e. Height. The maximum height of any accessory structure shall be twelve (12) feet. C. ire shall have exterior materials that ith the primary structure, with the or less. Such )f metal, but are .terial has a fl. E. ie (Ord. No. 1448, § 5, 8- 24 -09) Section 3: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: Severability: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this 26th day of July, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, August 9th, 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2010. SIGNED by the Mayor on this day of 1 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: Case No. ZOA -10 -03 property • Section 26 -204 does not list accessory structures as a permitted accessory use for commercial /industrial • Section 26 -204 does allow accessory structures for residential and agricultural zones ,a -Wheat icige Case No. ZOA -10 -03 but these expire after 1 year a not be renewed • Many businesses cannot afford to expand their primary building for storage needs y �Wheat[tz3ge Case No. ZOA-10-03 CiyM I City of WheatR j, PLANNING COMMISSION /CommuNm DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 15, 2010 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY STRUCTURES ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING CASE NO. ZOA -10 -03 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Sarah Showalter Date of Preparation: June 24, 2010 SUMMARY: The attached ordinance proposes an amendment to the zoning code to allow the construction of accessory buildings and structures on properties with commercial or industrial zoning. Currently, the zoning code does not allow any property within a commercial or industrial zone district to construct an accessory building, such as a storage shed or garage. The proposed code amendment would allow accessory structures on such properties, subject to regulations regarding size, placement, maximum number, and design/screening. The proposals in the attached ordinance represent input from a study session with Planning Commission on June 3, 2010. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND Chapter 26 of the Wheat Ridge Municipal Code does not allow any property with commercial or industrial zoning to have an accessory structure on site. This provision has been in place since 2001. There are several commercial and industrial property owners in Wheat Ridge who have expressed interest in building an accessory building, most often to meet storage needs. Currently, the only option for such owners is to receive a Temporary Use Permit, which lasts for a period of one year only. There are some commercial and industrial properties in the city that already have legal nonconforming or illegal accessory structures, often shipping containers, on their property. A provision in the code allowing for accessory structures in commercial and industrial zones would provide a viable, legal option for property owners to construct accessory buildings. Several jurisdictions in the Denver metro area allow for accessory structures on commercial and ZOA- 10 -03/ Accessory Structures industrial properties. Of 12 local municipalities researched by staff, 11 allowed for accessory buildings within commercial and industrial districts. Most jurisdictions include regulations on the size, maximum number, placement, and design of accessory structures to ensure that they do not dominate a property or have an aesthetic impact on neighboring properties and adjacent streets. RATIONALE FOR AMENDMENT The intent of the attached ordinance is to provide a viable option for property owners in industrial and commercial zone districts to build accessory structures on their property. The proposed ordinance would set minimum standards for accessory buildings to ensure that they are appropriately placed and designed and that they do not have a negative visual impact on the surrounding area. Enabling the construction of accessory structures in commercial and industrial districts would meet the needs of many existing and future businesses in the City, and was a recommended code amendment based on the Neighborhood Revitalization Strategy (NRS). The proposed regulations include the following items: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case may an individual accessory structure exceed 500 SF. • Max number: 1 for commercial districts; 2 for industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right -of -way). • Required setbacks: 5' side; 10' rear • Minimum required building separation: per building code • Maximum height: 12' • Materials: the structure must have materials that are architecturally compatible with the primary structure • Storage units /shipping containers: o Not allowed in commercial districts o Maximum of 1 allowed in industrial districts, but must be screened by a wall or opaque fence that is at least as tall as the unit (maximum of 8 feet tall) The proposed ordinance would also allow the option to construct a small accessory structure — 120 square feet or less — that would not be required to have materials compatible with the primary structure. These structures could be composed of any material except metal and would allow a business owner to keep a small shed for storage on their property. New language in the proposed ordinance is bold and highlighted. Deleted language is strike - through and highlighted. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Articles II and VI of Chapter 26 concerning accessory structures on properties with commercial or industrial zoning. Exhibits: 1. Proposed Ordinance ZOA- 10 -03/ Accessory Structures EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2010 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY BUILDINGS ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City Council of the City of Wheat Ridge finds that there is a need to allow for accessory buildings and structures on properties with commercial or industrial zoning. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -204 of the Code is amended to read: Sec. 26 -204. Zone district use schedule. A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code. In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), or as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope, application and meaning of the terms in this section. B. The director of community development has authority to determine that a use not specifically listed as permitted, allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative, the city council may by ordinance add to the uses listed for a zone district, conforming to the conditions set forth in the following special findings: 1. Such use is appropriate to the general physical and environmental character of the district to which it is proposed to be added, and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added, and 3. Such use does not create anymore offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4. Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption. ZOA- 10 -03/ Accessory Structures TABLE INSET: Commercial and Industrial District Accessory Uses Notes Accessorybyildtngs and structures, See § 26 625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Primarily for the occupants of a building containing Food services a permitted use when located within the same building Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 Key: P = Permitted Principal Uses S = Special Uses (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1273, § 2, 1- 13 -03; Ord. No. 1274, § 2, 1- 13 -03; Ord. No. 1288, §§ 1, 2, 5- 12 -03; Ord. No. 1301, §§ 2 - -4, 7- 28 -03; Ord. No. 1302, §§ 4 - -6, 7- 28 -03; Ord. No. 1313, § 10, 10- 27 -03; Ord. No. 1322, § 1, 5- 10 -04; Ord. No. 1348, § 1, 7- 11 -05; Ord. No. 1370, § 1, 8- 28 -06; Ord. No. 1375, §§ 1, 2, 10 -24- 06; Ord. No. 1387, § 2, 6- 11 -07; Ord. No. 1413, §§ 2, 3, 6 -9 -08) Section 2: Section 26 -625 of the Code is amended to read: Sec. 26 -625. Accessory burldangs,and structures A. Purposendiscgpe. The purpose of this section is to allow accessory buildings that are incidental and subordinate to the principal use and structure on a property and to set forth standards that help to minimize adverse impacts of these buildings on adjacent property. The purpose of this section is also to allow flexibility to construct accessory buildings on challenging F', properties relative to size and existing physical improvements while minimizing adverse impacts on surrounding properties. Ttie terh'S�uilili "ria'and�stiucfurti B. Applicability. All accessory buildings shall be subject to the provisions set forth in this section, and those in sections 26 -205 to _4�22�' ` ' _ ` (zone district regulations). In the event of a conflict between the accessory building standards in this section and any other requirements of this Code, this section shall control. C. Accessory building standards for, res�dentia/ aqd a'grrcrSltural zgne d�str�cts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. b Size and height The size and height of accessory buildings shall be as set forth in the residential and agricultural zona'd�stngYregulatrons, as ap�il[cable in sections 26 -205 to 26 -214. c. Miscellaneous provisions. i. Metal accessory building restriction. Metal accessory buildings over one hundred twenty (120) square feet are not permitted in any residential zoning district. Frame -built ZOA- 10 -03/ Accessory Structures residential accessory structures over one hundred twenty (120) square feet in size maybe allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Vertically placed vinyl -clad siding is not allowed. ii. Buildings housing animals. Any building that houses animals, except a residence, shall be setback a minimum of fifteen (15) feet from property lines and at least thirty (30) feet from a residential structure on an adjacent property, except as otherwise specified in any zone district. iii. Gates and guard houses. Gates and guard houses are only allowed as part of an approved planned development. iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory. 2. Major and minor accessory buildings. Major and minor accessory buildings shall be as defined in sections 26 -205 to Section 26 -214 based on size and height. 3. Allowable setback encroachments for accessory buildings. Accessory buildings may encroach into required setbacks as set forth below: a. Front yards and side and rear yards abutting public streets. Where an existing principal building that lawfully existed at the time of the adoption or amendment of this section encroaches into a required front yard setback or a required side or rear yard setback abutting a public street, an accessory building may encroach into the required setback as follows, provided that there shall be no encroachment into the minimum sight distance triangle as set forth in subsection 26- 603.B: Detached garages and carports. Detached garages and carports may build in line with the nonconforming principal building, as long as the detached garage is located behind the front or street - facing facade of the principal building, except as follows: a) Where the garage door or main vehicular access is located parallel to the street, the setback cannot be between five (5) feet and eighteen (18) feet. The purpose of this regulation is to allow setback encroachments where there will be not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. (See Figure 26- 625.1) ZOA- 10 -03/ Accessory Structures b) Where the garage door or main vehicular access is located perpendicular to the street, the detached garage or carport may be built in line with the principal building. The purpose of this regulation is to allow setback encroachments where there will tie not be the possibility of vehicles parked in the driveway in conflict with public rights -of -way. c) Where the garage door or main vehicular access is located parallel to and accessed off of an arterial street, the detached garage may not encroach into the required setback. d) The community development director may require modified setbacks in these instances where there may be potentially hazardous conditions. ZOA- 10 -03/ Accessory Structures ii. All other accessory buildings. Accessory buildings that do not have any vehicular access may build in line with the nonconforming principal structure in front yards and side and rear yards abutting public streets, as long as the accessory building is located behind the front or street - facing facade of the principal structure. Section 3: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: Severabilitv: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this _ day of 2010, ordered it published with Public Hearing and consideration of final passage set for 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2010. ZOA- 10 -03/ Accessory Structures e Height The maximum he,ghf of any accessorystructurg shell be twelve (12) feeto (Ord. No. 1448, § 5, 8- 24 -09) SIGNED by the Mayor on this day of 2010. ATTEST: Jerry DiTullio, Mayor Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: ZOA- 10 -03/ Accessory Structures CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPOSED ZONING CODE AMENDMENTS NOTICE IS HEREBY GIVEN that the Wheat Ridge Planning Commission will conduct a Public Hearing on July 1, 2010 at 7:00 p.m. in the City Council Chambers, Municipal Building at 7500 West 29 Avenue, Wheat Ridge, Colorado, to consider Case No. ZOA- 10-03, amendments to Articles II and VI of Chapter 26 concerning accessory buildings on properties with commercial or industrial zoning. All interested citizens are invited to speak at the Public Hearing or submit written comments. The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatridge.co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, June 24, 2010 of Wheatdge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: May 26, 2010 (for June 3 study session) SUBJECT: Accessory Structures in Commercial and Industrial Zone Districts Introduction Chapter 26 of the Wheat Ridge Municipal Code does not allow accessory structures within commercial and industrial zone districts. Many property owners in the city have expressed interest in adding accessory structures — typically storage sheds or garages — to their commercial or industrial properties, but have not been permitted to due to the current regulations. Some commercial properties have non - conforming or illegal accessory structures, and some have obtained temporary use permits for accessory structures, which are only valid for one year and cannot be renewed. Amending the zoning code to allow accessory structures in commercial and industrial districts is on Community Development's list of zoning code amendments as a short-term priority. This memo outlines proposed code changes to allow for accessory structures in commercial /industrial zone districts. The memo is structured as follows: (1) Proposed standards for accessory structures in industrial and commercial districts (2) Proposed review /permitting process (3) Requested policy direction (4) Summary of research on how other jurisdictions treat accessory structures in commercial and industrial zones Proposed Standards for Accessory Buildings in Commercial/Industrial Zones Staff recommends that Section 26 -625 Accessory Buildings would be amended to include a section on accessory buildings in commercial and industrial zone districts. The following regulations are proposed: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case may an individual accessory structure exceed 500 SF. • Max number: 1 for commercial districts; 2 for industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right -of -way). • Required setbacks: 5' side; 10' rear • Minimum required building separation: per building code • Maximum height: 12' • Materials: the structure must have materials that are architecturally compatible with the primary structure • Storage units: not allowed in commercial districts. Maximum of 2 allowed in industrial districts, but must be screened by a wall that is at least as tall as the unit and that is made of materials compatible with the primary structure • NOTE: screening of storage units /shipping containers, which are often 7' -6" or 8' tall, will also require amending the portion of the code that does not allow fences and screen walls over 6' in height • Requirements apply to any new accessory structure, or existing accessory structures that are expanded by more than 50% of the existing floor area For Planned Developments: accessory structures would not be allowed unless specifically stated in the approved Outline Development Plan Proposed Review/Permitting Process Staff recommends that accessory structures would be subject to Building Permit review. The Community Development Department will have a special handout, similar to those for sheds and garages on residential properties, that outlines the items needed for review Requested Policy Direction Staff's proposed changes to the code were presented to City Council in a Study Session on May 17, 2010. One issue that arose is that the current proposal would not allow commercial or industrial businesses to place a wood shed — or any other shed that does not have materials similar to the primary building — on the property. Staff is considering revising the proposed amendment to allow small accessory structures, up to 120 square feet, that could be wood or vinyl. Staff would like the following input from Planning Commission: • Does it make sense to allow small sheds, up to 120 square feet, on commercial properties that can be made of wood — and do not have to be consistent with the primary building materials? • If so, should the code require that these structures have a sloped roof? 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( o 0 0 0 0 0- y O C a O� O O C .3 - Y m Q C N N o- -- T O � a) o 6 U O O O o 0 o J E O C O 0 N N N _N LO a) o >` a) 0 0 J O. N C a U T m a) a) O U C> a) c 0@ m° E N c N? J - a) o a m c U U o m E o c ?> O N@ ¢ J 0) Y L 0 N a) Q Q Q Q Q w m I O.. U a) L_ U O U 0 0 a) U a d a w d a) N a) Z - Z Z Z 'N C d C. <��3 C E :C 'O O. 0. N N N C V y @ N C O :N O) N O) O G 'C O) - O z a CO 0 O O N M N C m a 0 a` m N a C m �C U N @ E � O U p C T O � � E i m U � i T C N N N � U @ Q Q ou o N C a O - @ E Uiu O @a C E @ T ) N LO 0 O E m E i N D E N Y U C L N N E O) O N ` O C O @ N O N O @ Y N U o @ Y O C iq X o- X C Q a U O N Ip O@ 0 @ O a j 0 0 U v �m�O2LL 0EEc- o @ N O w N = _N . O f�6� W N A d 75 @ y .- L C 0) O N - o U a 0@ y 3 Q O U z� N 7 U @o� 0 a <a ; 3 0 . a N O E N z Z O @ C O N k1 C a E W Y L lU 7 I d 'p City of " WheatMidge COMMUNITY DEVELOPMENT Memorandum TO: The Mayor and City Council THROUGH: Randy Young, City Manager Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: May 5, 2010 (for May 17 study session) SUBJECT: Accessory Structures in Commercial and Industrial Zone Districts Introduction Chapter 26 of the Wheat Ridge Municipal Code does not allow accessory structures within commercial and industrial zone districts. Many property owners in the city have expressed interest in adding accessory structures — typically storage sheds or garages — to their commercial or industrial properties, but have not been permitted to due to the current regulations. Some commercial properties have non - conforming or illegal accessory structures, and some have obtained temporary use permits for accessory structures, which are only good for one year and cannot be renewed. Amending the zoning code to allow accessory structures in commercial and industrial districts is on Community Development's list of zoning code amendments as a short-term priority. This memo outlines proposed code changes to allow for accessory structures in commercial /industrial zone districts. The memo is structured as follows: (1) Proposed standards for accessory structures in industrial and commercial districts (2) Proposed review /permitting process (3) Summary of research on how other jurisdictions treat accessory structures in commercial and industrial zones Proposed Standards for Accessory Buildings in Commercial/ludustrial Zones (to be added to Section 26 -625 Accessory Buildings): • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case may an individual accessory structure exceed 500 SF. • Max number: 1 for commercial districts; 2 for industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right -of -way). • Required setbacks: 5' side; 10' rear • Minimum required building separation: per building code • Maximum height: 12' • Materials: the structure must have materials that are architecturally compatible with the primary structure • Storage units: not allowed in commercial districts. Maximum of 2 allowed in industrial districts, but must be screened by a wall that is at least as tall as the unit and that is made of materials compatible with the primary structure • NOTE: screening of storage units /shipping containers, which are often T -6" or 8' tall, will also require amending the portion of the code that does not allow fences and screen walls over 6' in height • Requirements apply to any new accessory structure, or existing accessory structures that are expanded by more than 50% of the existing floor area - For Planned Developments: accessory structures are not allowed unless specifically stated in the approved Outline Development Plan Proposed Review/Permitting Process - Applicants apply for Building Permit - The Community Development Department will have a special handout, similar to those for sheds and garages on residential properties, that outlines the items needed for review Summary of Research Please see Attachment 1 for a summary of how other jurisdictions in the Metro area regulate accessory structures on commercial and industrial properties. 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Many property owners in the city have expressed interest in adding accessory structures — typically storage sheds or garages — to their commercial or industrial properties, but have not been permitted to based on current regulations. Amending the zoning code to allow accessory structures in commercial and industrial districts is on Planning's list of zoning code amendments as a short-term priority. This memo outlines proposed revisions to the code to allow for such structures, raises a few policy issues, and provides information on how other jurisdictions treat commercial accessory structures in their zoning codes. Proposed Code Revisions - Create a generic category of accessory uses within Commercial and Industrial zone districts. • At end of Commercial and Industrial Permitted Use Table, remove existing table of Accessory Uses and add: "Permitted Accessory Uses: those uses which are clearly incidental and commonly associated with the principal use. The use must be operated and maintained under the same ownership and be on the same site as the permitted primary use. For outdoor storage and display, see Section 26- 631." • Add requirement that all Accessory Buildings must comply with Section 26- 625 - Amend definition of Accessory Building • Amend the current defition to be more generic (remove reference to chicken coops, etc) so that it can apply to all types of accessory buildings. Generally, accessory buildings are those that contain an accessory use and are subordinate to the main building on the same lot. - Amend Section 26 -625 Accessory Buildings to create standards for accessory structures in commercial /industrial districts (separate from those for in residential districts). - Proposed standards for accessory buildings in commercial /industrial zones: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case may an individual accessory structure exceed 500 SF. • Max number: 1 for commercial districts; 2 for industrial districts • Location: May only be located in the required rear or side yard areas. Not allowed in side yard areas adjacent to a public right -of -way • Required setbacks: 5' side; 10' rear • Minimum required building separation: per building code • Maximum height: 15' • Materials: the structure must have materials that are architecturally compatible with the primary structure • . Storage units: not allowed in commercial districts. 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Q Q CO LL J _ J J 0 ( } CD ED „ } $$CD 0 ID > \_ \ \\ RE» 0 0 0 0 CD \ )f »\ = 2 .0 CL \ \� 0 CD (\ \ \ \\ 0N ( \\I \ \�< \� \ \ fo \ ® {�\ \ ( \(} \ �0 \- 0 CD CD M �\ \ } - CD CD 3 \ \ \ \ � \ \\ CD 0 (() Cl) / 0 CD ( \ ( / } Z D\ »i z \ : CD \ / CD z \ ; } / CID y;0 CD \�\ \ \0 C -0 CD CD / In CD I {] fA CD 1 __} } /wn \ \E\ : \ } \ CD CD CD \ \\ \ w 9L CD 0 w CD \ \� \ .D0 , \ \00 \ \\ \; \ff� CD 0 §_ \§ 3{ o CD \� \ \ \ \ CD CD City of W heat idge COMMUNITY DEVEL LAND USE APPLICATION FORM Case No. ZOA700 Date Received . 727/2070; Related Cases [ —Case Planner Case Description jAmend code pertaining to commercial accessory structures Name Gty of Wheat Ridge Name f— Phone Address r City f State r — Zip Z? m 1111awdfmn Name F^ Name F Phone Address F City F — State r Zip Coefa t /woiauaflizq Name F— Name F— Phone Address F — City F — Stale F — Zip ProyecfJn/oimafiexr Address F- Street City F — State fEU7 Zip I Location Description Citywide Project Name Parcel No. F Qtr Section: I — Distrct No. Reviews r Pre -App Date 1 Neighborhood Meeting Date f — App No. Dispo"fioo Case Disposition r Conditions of Approval I Resit r— Ord # I — Disposition Date I_ Notes Status lopen a.