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HomeMy WebLinkAboutZOA-09-02CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBERBERRY Council Bill No. 19 Ordinance No. 1448 Series of 2009 TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (CASE NO. ZOA-09- 02) 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 the proposed amendments implement recommendations from the adopted Neighborhood Revitalization Strategy; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-120 of the Code is amended to read: Sec. 26-120. Nonconforming lots, uses and structures. C. Nonconforming structures and uses: Where a structure or use lawfully existed at the time of the adoption or amendment of this chapter which could not be built under the current requirements of this chapter because of lot area, lot coverage, required yards or the location of the structure on the lot, such structure or use may be continued so long as it remains otherwise lawful, subject to the following. 1. Any one- or two-family dwelling structure or customary accessory structures may be enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not.increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of corner lots, no enlargement, alteration or addition shall be permitted to encroach within the minimum sight distance triangle as set forth in section 26-603B. In addition, no enlargement, alteration or addition which extends within the nonconforming area shall result in the development of any additional dwelling units. 2. If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an extent of more than fifty (50) percent of its replacement cost, it shall not be reconstructed except in conformity with the applicable provisions of this chapter. 3. If any structure should for any reason be moved from its location at the time of adoption or amendment of this chapter, it shall conform to the provisions of the district in which t is located after it is moved. 4. No existing structure devoted to a use not permitted by this chapter in the district in which located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 5. Any nonconforming use may be extended throughout any part of the building which was designed or arranged for such use at the time of adoption or amendment of this chapter, but no such use shall be ZOA-09-02/ Residential Development Standards - i extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this chapter creating said nonconforming use. 6. Whenever any nonconforming use of a structure, or land, or a structure and land in combination is discontinued for sixty (60) consecutive days or six (6) months during any three-year period (except when government action impedes access to the property) the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which is located. Nonconforming residential structures and uses are exempt from the provisions of this subparagraph. Rezoning or special use permit applications for properties which are nonconforming uses at the time of application, and where these applications are intended to bring the nonconforming use into use conformance, shall not be charged application fees or be required to reimburse the city for direct expenses related to the application review process. 7. Setback encroachments for accessory buildings may be allowed where the principal structure encroaches into required setbacks in accordance with Section 26-625. Section 2: Sections 26-205 - 26-214 of the Code are amended to read: Sec. 26-205. Residential-One District (R-1) A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: Maximum Mi i Mi i Minimum Minimum Side Minimum Rear Maximum Building n mum n mum Front Y d HeiOt Coverage Lot Area Lot Width Yard Yard Setback ar Setback Setback (a) (b) Principal One-family 35' 25% 12,500 sf 100' 30' (c) 15' 15' Buildings dwelling Group home 35' 25% 12,500 sf 100' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf courses, small day 35' 25% 1 acre 200' 30' (c) 15' (e) 20' care center, and nursing, elderly and i. congregate care homes Accessory I Major 15' 1,000 sf N/A N/A 30'(c) 15' 15' Buil'd'ings `d Minor 10' 400 sf N/A N/A 30'(c) 15' 15' ZOA-09-02/ Residential Development Standards Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03) Sec. 26-206. Residential-One A District (R-1A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TAB? E INSET: Maxi . Muni Hei ht Maximum Building Minimum Lot Minimum Lot Minimum Front Yard minimum Side Yard Minimum Rear Yard g Coverage Area Width Setback (a) Setback Setback Principal One-family 35' 30% 000 sf 9 75' 25' (c) 10' IS' Buildings dwelling , Group home 35' 30% 9,000 sf 75' 25' (c) 10' 15' Churches, schools, government and quasi- government buildings, golf courses, small day care 35' 30% 1 acre 200' 25' (c) 15' (e) 20' center, and nursing, elderly and congregate care homes Accessory,, Buildings (d). Major 15' 1,000 sf N/A N/A 25' (c) 5' if 10' 5' if ZOA-09-02/ Residential Development Standards 10' if> 10' height; 10' Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. Sec. 26-207. Residential-One B District. A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards.- TABLE INSET:] Maximum Maximum Building Minimum Lot Minimum Lot Minimum Front Minimum Side Yard Minimum Rear Yard Height Coverage Area Width (a) Yard Setback (b) Setback Setback Principal One-family 35' 40% 7,500 sf 60' 25' (d) 5' (e) 10' Buildings dwelling Group home 35' 40% 7,500 sf 60' 25' (d) 5' (e) 10' Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' (d) 15' (g) 20' courses, small day care center, and nursing, elderly and congregate care homes ZOA-09-02/ Residential Development Standards Maximum Minimum Minimum Minimum Minimum Side minimum Rear Maximum Building Lot Front Y d Hei ht Coverage Lot Width (a) Yard Yard ar g Area Setback (b) Setback Setback Accessory, 5' if 10 Buildings ` ' ' in height; Major 15' 600 sf N/A N/A (d) 25 5 10' if> 10' in height Minor 10' 300 sf N/A N/A 25'(d) 5' 5' All Other Uses 35' 40% 9,000 sf 60' 25'(d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) Sec. 26-208. Residential-One C District (R-1C). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: Maxi . mum H i ht Maximum Building Minimum Lot Minimum Lot Width (a) Minimum Front Yard Minimum Side Yard Minimum Rear Yard e g Coverage Principal One-family 35' 40% 000 sf 5 50' 20' (d) 5' 5' Buildings dwelling , Group home 35' 40% 5,000 sf 50' 20' (d) 5' 5' Churches, schools, government and quasi- government 35' 40% 1 acre 200' 15' 20' buildings, golf courses, small day care center, and nursing, elderly and ZOA-09-02/ Residential Development Standards Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) Sec. 26-209. Residential-Two District (R-2). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development standards: TABLE INSET: Maximum H i ht Maximum Building Minimum Lot Minimum Lot Width (a) minimum Front Yard Minimum Side Yard minimum Rear Yard e g Coverage Area Setback (b) Setback (c) Setback Principal One-family 35' 40% 000 sf 9 75' 25' (d) 5' (e) 10' Buildings dwelling , Two-family 35' 40% 12,500 sf 100' 25' (d) 5' per story 10' dwelling (e) Group home 35' 40% 9,000 sf 75' 25'(d) (e) per story 10' Churches, schools, government and quasi- government 35' 40% 1 acre 200' 25' (d) 15'(g) 20' buildings, golf courses, small day care center, and nursing, ZOA-09-02/ Residential Development Standards Maximum Minimum Minimum Minimum Minimum Side Minimum Rear Maximum H i ht Building Lot Lot Width (a) Front Yard Yard Yard e g elderly and congregate care homes Accessory 5' if 10' Buildings Major 15' 1,000 sf per 25' (d) 5' in height; 10' (B unit N/A N/A if> 10' in height Minor 10' 400 sf N/A N/A 25' (d) 5' 5' All Other Uses 35' 40% 9,000sf 75' 25' (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. See. 26-210. Residential-Two A District (R-2A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: Maximum Maximum Building Minimum Minimum Lot Minimum Front Minimum Side Minimum Rear Height Covet-age Area Setback , , Principal Buildings One-family dwelling 35' 40% 7,500 sf 60' 25' (d) 5' (d) 10' Two-family 35' 40% 9,000 sf 75' 25' (d) 5' per 10' dwelling story 10' for one Multifamily 13 050 sf ' 5'Per or two story (3/more 35' 40% , (e) 100' 25 (d) story buildings; ' dwelling units) 15 for three story Group home 35' 40% 9,000 sf 75' 25' (d) 5' per story 10' ZOA-09-02/ Residential Development Standards Maximum Minimum Minimum Minimum Minimum Side Minimum Rear Maximum Building Lot Lot Front Yard Yard Height Covera-e Area Width (a) Yard Setback (b) Setback Setback Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' (d) 15'(f) 20' courses, small day care center, and nursing, elderly and ' congregate care homes Accessory , 5' if 10' Buildings Maj or 15' 600 sf (per 25'(d) 5' in height; 10' (g) unit) N/A N/A if> 10' in height 400 sf/4 N/A N/A Minor 10' d.u. 25'(d) 5' 5' All Other Uses 35' 40% 9,000 sf 75'(g) 25' (d) 5' 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). ZOA-09-02/ Residential Development Standards (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03) Sec. 26-211. Residential-Three District (R-3). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character. B. Development standards: TABLE INSET: Maximum Minimum Minimum Minimum Minimum Side Minimum Rear Maximum Lot Front Y d H i h Building Lot Width (a) Yard Yard ar e g t Coverage Area Setback (b) (d) principal One-family 35' 40% 7,500 sf 60 (g t) 25' (e) 5' 10' Buildings dwelling Two-family 35' 40% 9,000 sf 75' (g f) 25' (e) 5' per 10, dwelling story Multifamily 12 500 sf ' ' (3/more dwelling 35' 40% , (e) 100' 25' (e) 15 (c) 15 (c) units) Group home 35' 40% 9,000 sf 75' 25' (e) T per story 10' Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' (e) 15' (b) 20' - courses, small day care center, and nursing, elderly and congregate care homes Accessory i 5' if 10' Buildings Major IS' 600 sf (per 25' (e) 5' in height; ' ' (g) unit) N/A N/A if> 10 10 in height Minor 10' 400 sf/4 N/A N/A 25' (e) 5' 5' d.u. All Other Uses 35' 40% 7,500 sf 60' 25' (e) 5' per 10' story Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. ZOA-09-02/ Residential Development Standards (e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-3 district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) See. 26-212. Residential-Three A District (R-3A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: M i Minimum Minimum Minim n m Minimum Side Minimum Rear Maxi . mum H i ht ax mum Building Lot Lot Width (a) Front Yard Yard Yard e g Coverage Area Setback (b) Setback (d) Setback Principal - One-family 35' 40% 500 sf 7 60' (g) 25' (e) 5' 10' Buildings dwelling , Two-family 35' 40% 9,000 sf 75' (g) 25' (e) T per 10' dwelling story Multifamily 12 500 sf ' ' (3/more dwelling 35' 40% , 100' 25' (e) 15 (c) 15 (c) units) Group home 35' 40% 9,000 sf 75' 25'(e) 5' per 10' ' Churches, schools, government buildings, golf courses, small day 35 40% 1 acre 200' 25' 15'(c) 20' care center, & nursing, elderly and congregate care homes ZOA-09-02/ Residential Development Standards 10 400 sf/4 N/A N/A Minor 10' d.u. 25'(e) 5' 5' All Other Uses ' ' 5' per 35' 40% 7,500 sf 60 25 (e) 10' sto rY Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand six hundred thirty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-3A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) Sec. 26-213. Agricultural-One District (A-1). A. Intent and purpose: This district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family residential and related uses, agricultural uses and activities will exist and be encouraged to continue. B. Development standards: TABLE INSET: ZOA-09-02/ Residential Development Standards 11 H i h 111aximuni Buildino Lo t A rea (d Lot Front Yard side Yard Real, Yard e g t Co% erage h) th Will Setback Setback (a) Setback (b) Principal One-family 35' 25% 1 acre 140' 30' (c) 15' 15' Buildings dwelling Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi-government buildings, golf courses, small day 35' 25% 1 acre 200' 30'(c) 15' 20' care center, and nursing, elderly and congregate care homes Accessory Major 35' 25% N/A N/A 30' (c) 15' 5' Buildings Minor 35' 25% N/A N/A 30' 15' 5' e All Other Uses 35' 25% 1 acre 140' 30' 15' 15' Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Lots smaller than one (1) acre may be used only for residential purposes. (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-214. Agricultural-Two Zone District (A-2). A. Intent and purpose: This district is established to provide a reasonably compatible transition between residential and more intensive agricultural land uses. It provides for large-lot, residential estate living while allowing more commercially oriented, yet still agricultural operations. Design standards have been included where possible to provide a reasonable interface between the two (2) extremes. B. Development standards: TABLE INSET: ZOA-09-02/ Residential Development Standards 12 Churches, schools, government and quasi-government buildings, golf courses, small 35' 25% 1 acre 200' 30' (c) 15' 20' day care center, and nursing, elderly and congregate care homes Accessory Major 35' 25% N/A N/A 30' (c) 15' 5' Buildings Minor 35' 25% N/A N/A 30' (d) 15' 5' All Other Uses 35' 25% 1 acre 140' 30' 15' 15' Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet. (e) Lots smaller than one (1) acre may be used only for residential purposes. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (Ord. No. 2001-1215, § 1, 2-26-01) Section 3: Section 26-123 of the Code is amended to read: See. 26-123. Definitions. For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terms are defined as follows. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not specifically defined above shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the statutes, as defined in Webster's Dictionary. Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. In instances where rear setbacks are based on the number of stories, the setback shall be measured from a line parallel with the applicable lot line to the closest point of the additional story. (See Figure 26- 123.1). Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. In ZOA-09-02/ Residential Development Standards 13 instances where rear setbacks are based on the number of stories, the setback shall be measured from a line parallel with the applicable lot line to the closest point of the additional story. (See Figure 26- 123.1). Per story setback measured from the closest point of the additional story 10' 10' Side/Rear Setback 10' per story (in this example) Figure 26-123.1: Where side and rear setbacks are based on the number of stories of the building, the setback is measured from the closest point of the additional story, not the first story. In this example, the closest point of the third floor must be setback 15 feet (5 foot per story). Section 4: Section 26-306 of the Code is amended to read: Sec. 26-611. Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. In residential zone districts only, encroachments into required setback areas shall not be permitted except as follows, provided however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property: 1. Porches, patios, decks and balconies Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line. 2. Architectural features Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys Chimneys may project into a required front, "side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. ZOA-09-02/ Residential Development Standards 14 4. Fire escapes, open stairways A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than three (3) feet. 5. Nonconforming setbacks Where there are existing setback encroachments that lawfully existed in accordance with Section 26- 120 (Nonconforming lots, uses and structures), additions and new buildings may be allowed setback encroachments in accordance with Section 26-120 and Section 26-625, (Accessory Buildings). B. Allowed Front Yard Setback Encroachments for Principal Buildings If fifty (50) percent or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building may have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard setback less that fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line within the same block of any particular lot have been improved with buildings (See Figure 26-611.1). However, in no instance shall a structure encroach into a required sight distance triangle. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 9, 10-27-03) NEW ORM ZOA-09-02/ Residential Development Standards 15 Section 5: Section 26-625 of the Code is amended to read: Section 26-625 Accessory Buildings A. Purpose 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. 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 (residential and agricultural 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 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 zone district regulations in Sections 26-205 to 26-214. c. Miscellaneous Provisions i. Metal Accessory Building Restriction Metal accessory buildings over 120 square feet are not permitted in any residential zoning district. Frame-built residential accessory structures over 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. ZOA-09-02/ Residential Development Standards 16 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 section 26-603B: i. 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 fayade of the principal building, except as follows: a) Where the garage door or main vehicular access is located parallel to the street, 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 Figures 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. the 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 ZOA-09-02/ Residential Development Standards 17 streets, as long as the accessory building is located behind the front or street-facing fagade of the principal structure. Section 6. Safety Clause, The City of Wheat Ridge 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 7. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 8. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 7. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 3rd_ day of August, 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 24, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 6 this 24th day of August 2009. SIGNED by the Mayor on this 25th day of August , 2009. Je iTullio, Mayor ATTEST: Michael Snow, City Clerk Ap ;dDahl, d to fo C t rney GerCity Attorney I st publication: August 6, 2009 2nd publication: August 27, 2009 Wheat Ridge Transcript Effective Date: September 11, 2009 ZOA-09-02/ Residential Development Standards 18 CITY COUNCIL MINUTES: August 24, 2009 Page -6- Franchise for another 20 years with some changes proposed by and accepted with the City of Wheat Ridge. Craig Graham expressed concern that with a 20-year franchise in place residents may be stuck with whatever future energy sources are used by PSCo. Mr. Dahl explained that the Franchise does not in any way limit or mandate how alternative energy sources may be employed by property owners. Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to adopt Council Bill 23-2009 (Ordinance 1451) on second reading, and that it take effect upon approval by a vote of the registered electors of the City at the November 3, 2009 Regular Municipal Election; seconded by Mr. Stites; carried 7-1 with Ms. Berry voting No. 3. Council Bill 19-2009 - An Ordinance amending the Wheat Ridge Code of Laws concerning Residential Development Standards. (Case No. ZOA-09-02) Mayor DiTullio opened the public hearing. Council Bill 19-2009 was introduced on second reading by Council Member Berry. City Clerk Michael Snow assigned Ordinance No. 1448. Mr. Reckert presented the staff report. Louise Turner highlighted how the current setbacks of 30 feet has resulted in Wheat Ridge being a city with beautiful, pleasant looking neighborhoods. She believes it will be disruptive to suddenly allow houses to be built on a 25 foot setback right next to existing ones of 30 feet. Variances given to the current setbacks have invariably resulted in degradation in the quality of a neighborhood. Variances are no longer heard by the volunteer citizen Board of Adjustments, but instead are granted by the City Staff, who should be upholding the City's code, not circumventing it. Many of the powers that citizens once had to control the quality of their neighborhoods is no longer available. She encouraged the Council to remove the Main Structure provisions of this Code change. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to adopt Council Bill 19-2009 (Ordinance 1448) on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 6-2 with Council Members Gokey and Womble voting No. Council gave unanimous consent to hear Agenda Item 7 next. Case No. ZOA-09-02 iveignpornooa Kevtzaiizaiion -)iraiegy Case No. ZOA-09-02 restricted • NRS wants to encourage investment in residential property Wkl:".ll:. ICkgE`. 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(See Exhibit 2 of Planning Commission report) • Requiring 30' front setbacks in all districts is a more substantial requirement than any jurisdiction surveyed (see comparable jurisdiction survey in Exhibit 1 of Planning Commission report), and it also discourages pedestrian friendly development. • Requiring 30' front and street setbacks for corner lots creates a very small buildable area for these properties. • The only two accessory buildings addressed are detached garages and storage sheds. Buildings such as gazebos, barns, greenhouses, and other accessory buildings should be addressed rather than interpreted on a case-by-case basis. The intent of the attached ordinance is to provide more consistency and flexibility in the treatment of principal versus accessory buildings, as well as provide some modest front setback reductions to better encourage a pedestrian-friendly development pattern in most residential zone districts. Proposed changes to the individual residential zone district development standards The following is a district-by-district summary of the changes: District All districts Stunniary of Changes to Development Standards • Detached garages/carports and storage sheds as only accessory buildings regulated to major and minor accessory buildings classification. • Reference to new accessory buildings section. Residential-One District (R-1) • None Residential-One A District (R-IA)' • Front/street setback: 30' to 25' • Side/rear setbacks for major accessory buildings: 5' if 8' height, 10' if > 8' height to 5' if 10' height, 10' if > 10' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' Residential-One B District (R-113) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if > 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if > 8' height to 10 if >101 height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' Residential-One C District (R-1C)' • Front/street setback: 30' to 20' • Side/rear setbacks for all accessory buildings: 5' if 8' height, 10' if > 8' height to 5' Council Action Item August 24, 2009 Page 4 District Summary of Chan.ges to Development Standards Residential-Two District (R-2) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Side/rear setbacks for principal buildings, two family and group homes: 5' to 5' per story Residential-Two A District (R-2A) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if > 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' • Eliminate 5' per story side setback for single family residential Residential-Three District (R-3) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' • Eliminate 5' per story side setback for single family residential Residential-Three A District (R-3A) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if >101 height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Eliminate 5' per story side setback for single family residential Agricultural One (A-1) • None, but new reference to major vs. minor accessory buildings. Agricultural Two (A-2) • None, but new reference to major vs. minor accessory buildings. Council Action Item August 24, 2009 Page 5 Classifying Accessory Buildings As recommended by the Planning Commission, staff has proposed classifying accessory buildings as major and minor, rather than the current detached garages and sheds. Major accessory buildings would have the same size and height restrictions as detached garages currently do, and similarly minor accessory buildings would have size restrictions similar to that of storage sheds under the current code. Under the proposed regulations, the size of the structure is the determining factor in its classification regardless of the use. In addition to the size and height restrictions, the main difference between major and minor accessory buildings is more restrictive setbacks in most districts. The general philosophy behind staff's recommendation is to treat major accessory buildings similar to how the principal structure is treated relative to setbacks, with lesser setbacks for minor accessory buildings. With this, where the principal structure has side or rear setbacks 10' or greater, major accessory structures would have 5' side/rear setbacks when less than 10' in height, and 10' side/rear setbacks when greater than 10' in height. Minor accessory buildings generally would have 5' side and rear setbacks regardless. Allowable Setback Encroachments In order to provide more flexibility on challenging lots where there are existing principal structure setback encroachments, staff has proposed allowing limited encroachments for accessory buildings in these situations. Under the proposed ordinance, where the principal structure encroaches into required front and street setbacks, the accessory structure may build in line with this encroachment. Detached garages are given special consideration, as there may be issues with vehicles encroaching into the right- of-way where there is limited depth for a driveway along the street. The ordinance is written so that a typical vehicle would either fit onto a driveway in these situations, or it would be unlikely a vehicle would attempt to park there at all. This is accomplished by specifying that there cannot be a setback between 5' and 18' from the street, as the typical vehicle depth to accommodate a vehicle is 18'. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to adopt Council Bill No. 19-2009, Case #ZOA-09-02, an ordinance amending Chapter 26 of the Code of Laws concerning residential development standards, on second reading, and that it take effect 15 days after publication." Or, Council Action Item August 24, 2009 Page 6 "I move to table indefinitely Council Bill No. 19-2009, Case #ZOA-09-02, an ordinance amending Chapter 26 of the Code of Laws concerning residential development standards, for the following reasons: Report Prepared by: Meredith Reckert, Senior Planner Report Reviewed by: Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 19-2009 (with strike-throughs and bold) 2. Council Bill No. 19-2009 (without strike-throughs and bold) 3. Planning Commission report CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 19-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (CASE NO. ZOA-09- 02) 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 the proposed amendments implement recommendations from the adopted Neighborhood Revitalization Strategy; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-120 of the Code is amended to read: Sec. 26-120. Nonconforming lots, uses and structures. C. Nonconforming structures and uses: Where a structure or use lawfully existed at the time of the adoption or amendment of this chapter which could not be built under the current requirements of this chapter because of lot area, lot coverage, required yards or the location of the structure on the lot, such structure or use maybe continued so long as it remains otherwise lawful, subject to the following. 1. Any one- or two-family dwelling structure or customary accessory structures maybe enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of corner lots, no enlargement, alteration or addition shall be permitted to encroach within the minimum sight distance triangle as set forth in section 26-603B. In addition, no enlargement, alteration or addition which extends within the nonconforming area shall result in the development of any additional dwelling units. 2. If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an extent of more than fifty (50) percent of its replacement cost, it shall not be reconstructed except in conformity with the applicable provisions of this chapter. 3. If any structure should for any reason be moved from its location at the time of adoption or amendment of this chapter, it shall conform to the provisions of the district in which it is located after it .s moved. 4. No existing structure devoted to a use not permitted by this chapter in the district in which located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing ZOA-09-02/ Residential Development Standards ATTACHMENT 1 the use of the structure to a use permitted in the district in which it is located. 5. Any nonconforming use maybe extended throughout any part of the building which was designed or arranged for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this chapter creating said nonconforming use. 6. Whenever any nonconforming use of a structure, or land, or a structure and land in combination is discontinued for sixty (60) consecutive days or six (6) months during any three-year period (except when government action impedes access to the property) the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which is located. Nonconforming residential structures and uses are exempt from the provisions of this subparagraph. Rezoning or special use permit applications for properties which are nonconforming uses at the time of application, and where these applications are intended to bring the nonconforming use into use conformance, shall not be charged application fees or be required to reimburse the city for direct exuenses related to the annlication review process. Section 2: Sections 26-205 - 26-214 of the Code are amended to read: Sec. 26-205. Residential-One District (R-1) A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. ZOA-09-02/ Residential Development Standards B. Development standards: TABLE INSET: Notes: a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. ( b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) Sec. 26-206. Residential-One A District (R-IA). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. ZOA-09-02/ Residential Development Standards (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03) B. Development standards: TABLE INSET: Principal One-family ° BEEN Buildings dwelling 35 30% 9,000 sf 75' 10' 15' 5 Group home 35' 30% 9,000 sf 75' 10' 15' Churches, schools, government and quasi- government buildings, golf courses, small 35' 30% 1 acre 200' 15' 20' day care center, and nursing, elderly and congregate care homes Accessory Buildings ! "b, t leg IN M M "A., N1 MUM s h 101 rr. All Other Uses 35' 30% 9,000 sf 75' b, 10' 15' Notes: a) Any side or rear yard which abuts a public street shall have a minimum setback of Wkw~ feet for all structures. ( b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) ZOA-09-02/ Residential Development Standards 4 i' See. 26-207. Residential-One B District. A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: Maximum Maximum Building Minimum Lot Minimum Lot Minimum Front minimum Yard minimum Rear Yard Height Coverage Area NVidth (a) Yard Setback (c Setback Setback (b) a) (c a) PSrttipal' , Y ld n B s One-family 35' 40% 7,500 sf 60' 5' 10' g ui dwelling Group home 35' 40% 7,500 sf 60' 5' (go) 10' ' Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' -3-0! (d b) 15' (g e) 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory f lid Buildings X30 065, G~AI 20e *174 M AI N%A 2~~ C 3 n - F am, WLA FS All Other Uses 35' 40% 9,000sf 60' 2S' (b 5 (g) 10' ZOA-09-02/ Residential Development Standards Notes: ( f) Corner lots shall have a minimum lot width of eiehty (80) feet for both street side or rear yard which abuts a public street shall have a minimum setback of feet for all structures. b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) ( e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet (Ord. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) Sec. 26-208. Residential-One C District (R-1C). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE rNSET: Maximum Min . imum Minimum Minimum minimum Side minimum Rear Maximum Building Lot Lot Front Yard Yard Height Coverage Area Width (a) Yard Setback Setback Setback (b) Principal One-family ' ' Buildings dwelling 35 40% 5,000 sf 50' 5' 5 ' ' Group home 35 40% 5,000 sf 50 5' 5' Churches, schools, government and quasi- government buildings, golf ' courses, small 35 40% 1 acre 200' 15' 20' day care center, and nursing, elderly and congregate care homes - Accessory I 1 p A f Building s i~~nn r M A t- ZOA-09-02/ Residential Development Standards Notes: ) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. side or rear yard which abuts a public street shall have a minimum setback of W 1 feet for all structures. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) See. 26-209. Residential-Two District (R-2). A. Intent and purpose. This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development standards: TABLE INSET: ZOA-09-01NNMmial Development Standards ( Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of Group home 1 35' Churches, schools, government and quasi- government buildings, golf 35' courses, small day care center, and nursing, elderly and ' congregate care homes l tc5t 4ke"` ~r reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) 40% 9,000 sf 75' M. 110' FO_ 40% 1 acre 200' L " A 15'( 20' Notes: f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages a) Any -side or rear yard which abuts a public street shall have a minimum setback of feet for all structures. Front setbacks for structures on lots or portions of lots which abut cul-de-sacs maybe ZOA-09-02/ Residential Development Standards 8 Fifteen-foot setback for the first storv and five (5) feet for each additional Sec. 26-210. Residential-Two A District (R-2A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: M i Minimum Minimum minimum minimum Maximum ax mum B uilding minimum Lot Lot Front Side Yard Height Coverage Area Width (a) Yard Setback (b) Setback Prmcrpi One-family 35' 40% 500 sf 7 60' (c a) 5' 10' Buildings dwelling , Two-family 35' o 40% 9,000 sf 75' W'7&' ( 5' per 10' dwelling b) story 10' for one Multifamily 13,050 sf ' 5' per or two story buildings; (3/more 35' 0 40% - ) 100 story 15' for three dwelling units) story buildings ' ' Group home 35' 40% 9,000 sf 75' 5 per story 10 Churches, schools, government and quasi- government buildings, golf 35' o 40% l acre 200 15' (f) 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory Buildings ff m IVlrn¢; NAMSflKl .,t NOW VER ZOA-09-02/ Residential Development Standards Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. side or rear yard which abuts a public street shall have a minimum setback of MWERM feet for all structures. ) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwellin z unit for multifamilv buildines. Fifteen-foot setback for the first story and five (5) feet for each additional story. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03) Sec. 26-211. Residential-Three District (R-3). A. Intent and purpose. This district is established to provide high, quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character. ZOA-09-02/ Residential Development Standards 10 B. Development standards: TABLE INSET: . Minimum Minimum Maximum M . . munum Minimum Minimum Side Rear Maximum Building Lot Lot Front Yard Yard Height Coverage Area Width (a) Yard Setback Setback Setback Principal One-family 35' 40% 7 500 sf 60' (UM ,e 5' 10' Buildings dwelling , Two-family 35' 40/° ° ,000 sf 9,000 , ( 75 5'per 10' dwelling story Multifamily (3/more dwelling 5' ° 40% 12,500 sf 00' ~Fa`y 15' (,iM , 15 ( units) er ' Group home 35' 40% 9,000 sf 75' 10 story Churches, schools, government and quasi- government buildings, golf ' _ '1 15' ( b2FM ' courses, small 35 ° 40% 1 acre 200 20 day care center, and nursing, elderly and congregate care homes Accessory Buildings p ~ ll~ t lno_r lA _ Nib, Al ON MOWN f)' S 04 . it 44 ON SM , All Other Uses ' ' i 5' per ' 35 40% 7,500 sf 60 eJ story 10 Notes: Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional ZOA-09-02/ Residential Development Standards 11 five (5) feet for each additional story over two (2) stories. Any side or rear yard which abuts a public street shall have a minimum setback of ' AN feet for all structures. (u Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) See. 26-212. Residential-Three A District (R-3A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: Maximum Maximum Building Minimum Lot Minimum Minimum Lot Front Minimum Side Yard Minimum Rear Yard Height Coverage Area Width (a) Yard Setback (b) Setback Setback (d b) Principal one-family 35' 40% 7 500 sf 60' (g a 5' 10' Buildings dwelling , Two-family ' 35' 40/a 40% 9,000 sf 75' ~ # T per 10' dwelling story Multifamily (3/more dwelling 35' p 40% 12,500 sf ( d) 100' 15 ( a) I S' (e units) 9 ZOA-09-02/ Residential Development Standards 12 e) story Churches, schools, government and quasi- government buildings, golf o 25 je 15' courses, small 35' 40 /o I acre 200' 4 20' day care center, and nursing, elderly and congregate care homes e. Notes: f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. Any side or rear yard which abuts a public street shall have a minimum setback of feet for all structures. PI(ge") Front set backs s for one-or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) 1, A minimum of three thousand six hundred thirty (3,960) square feet of land area shall be required Che requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all ZOA-09-02/ Residential Development Standards 13 of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7,10-27-03) Sec. 26-213. Agricultural-One District (A-1). A. Intent and purpose: This district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family residential and related uses, agricultural uses and activities will exist and be encouraged to continue. B. Development standards: TABLE INSET: Max . imum Minimum Minimum Minimum Minimum Side Minimum Rear Maximum Building Lot Lo t Front Yard Yard Height Coverage Area (d . NVidth Yard Setback Setback b) Setback Principal One-family ' Buildings dwelling 35 25% 1 acre 140' 30' (c) IS' 15' Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf 35' 25% 1 acre 200' 30'(c) 15' 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory no _ WIN SM . Buildings a s , _ 4 k 80 .a,-a~~ .,.z; rs All Other Uses 35' 25% 1 acre 140' 30' 15' 15' ZOA-09-02/ Residential Development Standards 14 Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Lots smaller than one (1) acre may be used only for residential purposes (e) e en 26fo1C~rd;~Qrespx1tno a puSldings (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-214. Agricultural-Two Zone District (A-2). A. Intent and purpose: This district is established to provide a reasonably compatible transition between residential and more intensive agricultural land uses. It provides for large-lot, residential estate living while allowing more commercially oriented, yet still agricultural operations. Design standards have been included where possible to provide a reasonable interface between the two (2) extremes. B. Development standards: TABLE INSET: Maximum Minimum Minimum minimum minimum Side minimum Rear qW Maximum Height Building Lot Lot Front Yard Yard Yard Coverage Area (e) Width Setback Setback Setback (a) (b) Ariiieipal ! Buildings One-family dwelling 35' 25% 1 acre 140' 30' (c) 15' IS' Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf 35' 25% 1 acre 200' 30'(c) 15' 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory 3s} 5°Fu Ik D" i'~',._, Buildings o w MAN 0 " Y s r w 9§04 *4 1 g, M. ZOA-09-02/ Residential Development Standards 15 All Other Uses 35' 25% 1 acre 140' 30' 15' 15' Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet. (e) Lots smaller than one (1 acre may be used (fl (Ord. No. 2001-1215, § 1, 2-26-01) Section 3: Section 26-123 of the Code is amended to read: Sec. 26-123. Definitions. For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terms are defined as follows. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not specifically defined above shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the statutes, as defined in Webster's Dictionary. Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. ffii ZOA-09-02/ Residential Development Standards 16 Per story setback measured from the closest point of the additional story Side/Rear Setback Illustration 10' per story (in this example) Figure 26-123.1: Where side and rear setbacks are based on the number of stories of the building, the setback is measured from the closest point of the additional story, not the first story. In this example, the closest point of the third floor must be setback 15 feet (5 foot per story). Section 4: Section 26-306 of the Code is amended to read: Sec. 26-611. Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. In residential zone districts only, encroachments into required setback areas shall not be permitted except as follows, provided however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property: 1. Porches, patios, decks and balconies Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line. 2. Architectural features Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 4. Fire escapes, open stairways A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such and is not reduced to less than three (3) feet. ZOA-09-02/ Residential Development Standards 17 B. f~W"4A* F . a~ SrYs or Pra a y i ings If fifty (50) percent or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building ave a front yard consistent with the average buildin setbacks in the immediate area, exce t that for the purpose of computing such average, a front yard setback less that fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line . of any particular lot have been improved with buildings W However, in no instance shall a structure encroach into a required sight distance triangle. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 9, 10-27-03) ZOA-09-02/ Residential Development Standards 18 Section 5: Section 26-625 of the Code is amended to read: Section 26-625 ZOA-09-02/ Residential Development Standards 19 ZOA-09-02/ Residential Development Standards 20 Section 6. Safety Clause. The City of Wheat Ridge 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 7. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or ;ircumstances. Section 8. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 7. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 2009. SIGNED by the Mayor on this day of 12009. Jerry DiTullio, Mayor ZOA-09-02/ Residential Development Standards 21 ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1 st publication: 2nd publication: Wheat Ridge Transcript Effective Date: ZOA-09-02/ Residential Development Standards 22 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 19 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (CASE NO. ZOA-09- 02) 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 the proposed amendments implement recommendations from the adopted Neighborhood Revitalization Strategy; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-120 of the Code is amended to read: Sec. 26-120. Nonconforming lots, uses and structures. C. Nonconforming structures and uses: Where a structure or use lawfully existed at the time of the adoption or amendment of this chapter which could not be built under the current requirements of this chapter because of lot area, lot coverage, required yards or the location of the structure on the lot, such structure or use may be continued so long as it remains otherwise lawful, subject to the following. 1. Any one- or two-family dwelling structure or customary accessory structures maybe enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of corner lots, no enlargement, alteration or addition shall be permitted to encroach within the minimum sight distance triangle as set forth in section 26-603B. In addition, no enlargement, alteration or addition which extends within the _ nonconforming area shall result in the development of any additional dwelling units. 2. If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an extent of more than fifty (50) percent of its replacement cost, it shall not be reconstructed except in conformity with the applicable provisions of this chapter. 3. If any structure should for any reason be moved from its location at the time of adoption or amendment of this chapter, it shall conform to the provisions of the district in which it is located after it is moved. 4. No existing structure devoted to a use not permitted by this chapter in the district in which located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. ZOA-09-02/ Residential Development Standards ATTACHMENT 2 5. Any nonconforming use may be extended throughout any part of the building which was designed or arranged for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this chapter creating said nonconforming use. 6. Whenever any nonconforming use of a structure, or land, or a structure and land in combination is discontinued for sixty (60) consecutive days or six (6) months during any three-year period (except when government action impedes access to the property) the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which is located. Nonconforming residential structures and uses are exempt from the provisions of this subparagraph. Rezoning or special use permit applications for properties which are nonconforming uses at the time of application, and where these applications are intended to bring the nonconforming use into use conformance, shall not be charged application fees or be required to reimburse the city for direct expenses related to the application review process. 7. Setback encroachments for accessory buildings may be allowed where the principal structure encroaches into required setbacks in accordance with Section 26-625. Section 2: Sections 26-205 - 26-214 of the Code are amended to read: See. 26-205. Residential-One District (R-1) A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: rincipal Buildings ne-family dwelling ei-lit 5' Maximum Coverage u 25/0 Mininium Lot A rea 12,500 sf Minionoll Lot width 100' Minimum Yard Setback (a) 30 (c) Minimum Side Yard Setback (b a) 15 Mini"'I'm Rear Yard Setback 15' r- Group home 35' 25% 12,500 sf 100' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf courses, small day 35' 25% 1 acre 200' 30' (c) 15' (e) 20' care center, and nursing, elderly and congregate care homes ZOA-09-02/ Residential Development Standards Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03) Sec. 26-206. Residential-One A District (R-1A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: rincipal ' Buildings ne-family dwelling [oull] Hei-lit 35' Bijildhig o 30% Lot 9,000 sf Lot 75 Front Yard Setback (a) 25' (c) Yard (1) a) 10' Yard 5 Group home 35' 30% 9,000 sf 75' 25' (c) 10' 15' Churches, schools, government and quasi- government buildings, golf courses, small day care 35' 30% 1 acre 200' 25' (c) 15' (e) 20' center, and nursing, elderly and congregate care homes ZOA-09-02/ Residential Development Standards ccessory Height CoN crage A rea flHob \Vidtll Yard Setback (a) Side Setback (1) a) War setback 5' if Buildings 5' if 10' 10' in (a) Major 15' 1,000 sf N/A N/A 25' (c) in height; ' ' h eight; 10' 10 if> 10 10' in if> in height height Minor 10' 400 sf N/A N/A 25' (c) 5' 5' All Other Uses 35' 30% 9,000 sf 75' 25' (c) 10' 15' Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. Sec. 26-207. Residential-One B District. A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET:] rincipal ne-family Heigilt covcrllg~e Lot Area Lot Width (11) Front Y a rd Setback (b) Yard Setback (e Yard Setback Buildings dwelling 35' 40% 7,500 sf 60' 25' O d 5' (a) 10' Group home 35' 40% 7,500 sf 60' 25' (d) 5' (e) 10' Churches, schools, government and quasi- government buildings, golf courses, small 35' 40% 1 acre 200' 25' (d) 15' (g) 20' day care center, and nursing, elderly and congregate care homes ZOA-09-02/ Residential Development Standards 1,1 a x i III [I to ' A reil N11 i it i III it III Width (a) N1 i II i 11111111 Yard Setback (b) setbacli (C Setback Accesso rS a) 5' if 10' Buildings ' ' ' height; Major 15 600 sf N/A N/A 25 (d) 5 10' if> 10' in height Minor 10' 300 sf N/A N/A 25' (d) 5' 5' All Other Uses 35' 40% 9,000 sf 60' 25' (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) Sec. 26-208. Residential-One C District (R-1C). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: rincipal Buildings ne-family dwelling maxontini Height 5' Building Coverage u 40/0 Lot A rea 5,000sf Lot Width (a) 0' Front Yard Setback (b) 20' (d) milliIIIIIIII Yard Setback (C a) 5' V! ininal III Yard Setback 5' Group home 35' 40% 5,000 sf 50' 20' (d) 5' 5' Churches, schools, government and quasi- government 35' 40% 1 acre 200' 15' 20' buildings, golf courses, small day care center, and nursing, elderly and ZOA-09-02/ Residential Development Standards Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) Sec. 26-209. Residential-Two District (R-2). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development standards: TABLE INSET: Buildhw Coverage Lot A re"I Yard Setback Yard Setback Principal Buildings One-family dwelling 35' 40% 9,000 sf 75' Setback (b) 25' (d) (C a) 5' (e) 10' Two-family 35, 40% 12,500 sf 100' 25' (d) 5' per story 10' dwelling (e) Group home 35' 40% 9,000 sf 75' 25' (d) )er story 10' e Churches, schools, government and quasi- government 35' 40% 1 acre 200' 25' (d) 15' (g) 20' buildings, golf courses, small day care center, and nursing, ZOA-09-02/ Residential Development Standards lderly and INI a X, Nlaxiol It Ill Coi enioe N1 i 111 Ill 11 Ill Ar e;l Lot Widdl (a) Fi ont Yard Setback (b) Side Setback Real. Setback congregate care homes Accessory 5' if 10' Buildings Major 15' 1,000 sf per 25' (d) 5 in height; 10' ' (fl _ unit N/A N/A if> 10 in height Minor 10' 400 sf N/A N/A 25'(d) 5' S' All Other Uses 35' 40% 9,000 sf 75' 25' (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. Sec. 26-210. Residential-Two A District (R-2A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: rincipal Buildings ne-family dwelling Height 5' Coverage 0% Are"I 7,500 sf Widtil (a) 0' Yard Setback (b) 25' (d) Setback (C a) 5' (d) Setback 10' Two-family 35' 40% 9,000 sf 75' 25' (d) T per 10' dwelling story 10' for one Multifamily 13 050 sf 5 per or two story (3/more 35' 40% , (e) 100' 25' (d) story buildings; ' dwelling units) for three 15 story Group home 35' 40% 9,000 sf 75' 25'(d) T per story 10' ZOA-09-02/ Residential Development Standards hurches, NlaxiIIIIIIII Bo i I (I in- Milli Lot Area Lot Width (a) F rout Ya rd Setback (b) Side Setback Ilear Setback schools, government and quasi- government buildings, golf courses, small 35' 40% 1 acre 200' 25' (d) 15'(f) 20' day care center, and nursing, elderly and congregate care homes Accessory 5' if 10' Buildings Maj or 15' 600 sf (per 25' (d) 5' in height; 10' (g) unit) N/A N/A if> 10' in height Minor 10' 400 sf/4 N/A N/A 25' (d) 5' 5' d.u. All Other Uses 35' 40% 9,000 sf 75'(g) 25' (d) 5' 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (d) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). ZOA-09-02/ Residential Development Standards (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03) Sec. 26-211. Residential-Three District (R-3). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character. B. Development standards: TABLE INSET: rincipal Buildings ne-family dwelling 5' Nplaxillillin cover,we 40% Mill' HIM Area 7,500 sf Nplininloill 60' (g f) Millinluill Setback (b) 25' (e) Side se(back (d b) 5' Rear Setback 10' Two-family 35' 40% 9,000 sf 75' (g f) 25' (e) 5' per 10' dwelling story Multifamily 500 sf 12 12 (3/more dwelling 35' 40% , (e) 100' 25' (e) 15' (c) 15' (c) units) I Group home 35' 40% 9,000 sf 75' 25' (e) per 10' sto Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' (e) 15' (b) 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory ` 5' if 10' Buildings Maj or 15' 600 sf (per 25' ( e) 5' in height; (9) unit) N/A N/A 10' if> 10' in height Minor 10' 400 sf/4 N/A N/A 25' (e) 5' 5' d.u. All Other Uses 35' 40% 7,500 sf 60' 25' (e) 5' per 10' story Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. ZOA-09-02/ Residential Development Standards (e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7,10-27-03) Sec. 26-212. Residential-Three A District (R-3A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: oluln Building Coverage Area Lot Front Yard Setback Setback Principal One-family ' Setback (b) Buildings dwelling 35 o 40% 7,500 sf 60' (g) 25' (e) 5' 10' Two-family dwellin 35' o 40% 9,000 sf 75' (g) 25' (e) 5' rer 10' g story Multifamily sf 500 12 12 (3/more dwelling 35' 40% , 100' 25' (e) 15' (c) 15' (c) units) Group home 35' 40% 9,000 sf 75' 25' (e) per 10' story Churches, schools, government buildings, golf courses, small day care center, , & & 35' 40% 1 acre 200' 25' 15'(c) 20' nursing, elderly and congregate care homes ZOA-09-02/ Residential Development Standards 10 Minor 10' 400 sf/4 . d.u. N/A N/A 25' (e) 5' 5' All Other Uses 35' 40% 7,500 sf 60' 25' (e) 5' per story 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures. (e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand six hundred thirty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally inexistence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) Sec. 26-213. Agricultural-One District (A-1). A. Intent and purpose: This district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family residential and related uses, agricultural uses and activities will exist and be encouraged to continue. B. Development standards: TABLE INSET: ZOA-09-02/ Residential Development Standards I1 rincipal ne-family Hei,,ht ' 13uildin- CoN era,C Lot Aiel(d I Lot width Front Yard Setback Side Yard Setback (a) Yard Setback Buildings dwelling 35 25% 1 acre 140' 30' (c) 15' 15' Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi-government buildings, golf courses, small day 35' 25% 1 acre 200' 30' (c) 15' 20' care center, and nursing, elderly and congregate care homes Accessory Major 35' 25% N/A N/A 30' (c) 15' 5' Buildings Minor 35' 25% N/A N/A 30' 15' 5' e All Other Uses 35' 25% 1 acre 140' 30' 15' 15' Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Lots smaller than one (1) acre may be used only for residential purposes. (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-214. Agricultural-Two Zone District (A-2). A. Intent and purpose: This district is established to provide a reasonably compatible transition between residential and more intensive agricultural land uses. It provides for large-lot, residential estate living while allowing more commercially oriented, yet still agricultural operations. Design standards have been included where possible to provide a reasonable interface between the two (2) extremes. B. Development standards: TABLE INSET: ZOA-09-02/ Residential Development Standards 12 Churches, schools, government and quasi-government buildings, golf courses, small 35' 25% 1 acre 200' 30'(c) 15' 20' day care center, and nursing, elderly and congregate care homes Accessory major 35' 25% N/A N/A 30' (c) 15' 5' Buildings Minor 35' 25% N/A N/A 30' (d) 15' 5' All Other Uses 35' 25% 1 acre 140' 30' 15' 15' Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet. (e) Lots smaller than one (1) acre may be used only for residential purposes. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (Ord. No. 2001-1215, § 1, 2-26-01) Section 3: Section 26-123 of the Code is amended to read: Sec. 26-123. Definitions. For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terms are defined as follows. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not specifically defined above shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the statutes, as defined in Webster's Dictionary. Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. In instances where rear setbacks are based on the number of stories, the setback shall be measured from a line parallel with the applicable lot line to the closest point of the additional story. (See Figure 26- 123.1). Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. In ZOA-09-02/ Residential Development Standards 13 instances where rear setbacks are based on the number of stories, the setback shall be measured from a line parallel with the applicable lot line to the closest point of the additional story. (See Figure 26- 123.1). Per story setback measured from the closest point of the 10 additional story 10' Side/Rear Setback 10' per story (in this example) ----15' ---f Figure 26-123.1: Where side and rear setbacks are based on the number of stories of the building, the setback is measured from the closest point of the additional story, not the first story. In this example, the closest point of the third floor must be setback 15 feet (5 foot per story). Section 4: Section 26-306 of the Code is amended to read: Sec. 26-611. Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. In residential zone districts only, encroachments into required setback areas shall not be permitted except as follows, provided however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property: 1. Porches, patios, decks and balconies Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line. 2. Architectural features Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. ZOA-09-02/ Residential Development Standards 14 4. Fire escapes, open stairways A fire escape or open stairway may extend into any from, side or rear yard, provided the width of such yard is not reduced to less than three (3) feet. 5. Nonconforming setbacks Where there are existing setback encroachments that lawfully existed in accordance with Section 26- 120 (Nonconforming lots, uses and structures), additions and new buildings may be allowed setback encroachments in accordance with Section 26-120 and Section 26-625, (Accessory Buildings). B. Allowed Front Yard Setback Encroachments for Principal Buildings If fifty (50) percent or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building may have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard setback less that fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line within the same block of any particular lot have been improved with buildings (See Figure 26-611.1). However, in no instance shall a structure encroach into a required sight distance triangle. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 9, 10-27-03) OTRI M ZOA-09-02/ Residential Development Standards 15 NINE Section 5: Section 26-625 of the Code is amended to read: Section 26-625 Accessory Buildings A. Purpose 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. 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 (residential and agricultural 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 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 zone district regulations in Sections 26-205 to 26-214. c. Miscellaneous Provisions i. Metal Accessory Building Restriction Metal accessory buildings over 120 square feet are not permitted in any residential zoning district. Frame-built residential accessory structures over 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. ZOA-09-02/ Residential Development Standards 16 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 section 26-603B: i. 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 Figures 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 A NOT ALLOWED x: 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 ZOA-09-02/ Residential Development Standards 17 streets, as long as the accessory building is located behind the front or street- facing fagade of the principal structure. Section 6. Safety Clause. The City of Wheat Ridge 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 7. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 8. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 7 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 3rd day of August. 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 24, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 1st publication: August 6, 2009 2nd publication: Wheat Ridge Transcript Effective Date: Approved as to form by City Attorney Gerald Dahl, City Attorney ZOA-09-02/ Residential Development Standards 19 ,x{, City of WheatI-dge PLANNING COMMISSION COMMUMQ DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 18, 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (ZOA-09-02) CASE NO. ZOA-09-02 M PUBLIC HEARING M CODE CHANGE ORDINANCE Case Manager: Jeff Hirt Date of Preparation: June 11, 2009 SUMMARY: The attached ordinance proposes amendments to the development standards in residential zone districts. Specifically, revisions are proposed to setback requirements for both principal and accessory buildings, as well as a new section directly addressing accessory buildings. The attached ordinance represents the general zonsensus reached at multiple study sessions with both the Planning Commission and City Council with regards to some modest reductions in setbacks and generally more flexibility to make improvements on residential property. Notice for this public hearing was provided as required by the Code of Laws. ZOA-09-02/ Residential Development Standards ATTACHMENT 3 BACKGROUND: Residential development standards are primarily set forth in Sections 26-205 to 26-214 of Chapter 26 of the Code of laws. These standards include building setbacks, size, and height, as well as minimum lot sizes for different land uses. This code amendment has been a high priority item as part of the short term zoning code amendments staff is working on for a number of reasons as expressed in the Neighborhood Revitalization Strategy (NRS). Neighborhood Revitalization Strategy The adopted Neighborhood Revitalization Strategy clearly outlines the need to update the zoning code to encourage improvements to existing residential properties to attract "strong" households. There are a number of obstacles in the current zoning code related to residential development standards to encourage desirable residential development and redevelopment in the current code: • Wheat Ridge has, on average, significantly smaller homes than surrounding communities and the county as a whole.' With this, there is a demand for expansions to existing homes, which often includes additions and detached garages. For instance, the majority of the homes built in Wheat Ridge were not originally built with two car garages, a commonly demanded item in the current residential market. The current residential development standards, specifically setback requirements, often times are very restrictive in allowing any type of additions or expansions. In many cases the existing setback requirements do not reflect the existing conditions, particularly in residential neighborhoods east of Wadsworth. In other words, houses, garages, and sheds very often encroach into required setbacks under current regulations. A major component of the NRS is also encouraging more pedestrian-friendly neighborhoods. Every residential zone Typical Wheat Ridge residential district has required large front yard setbacks, higher on average structure than any surrounding jurisdiction in fact (see Exhibit 1 of this staff report). While it is perhaps appropriate to keep these larger front setbacks in some of the city's large lot residential zone districts, it may be beneficial to include some reductions in others. Current Code The current residential development standards generally include the following: 30' front setbacks in all districts, 30' setbacks from any street in all districts Generally, 5' side/rear setbacks where accessory buildings are less than 8' in height; 10' side/rear setbacks where accessory buildings are greater than 8' in height. This results in required 10' side/rear setbacks for any detached garage in most zone districts. In some districts, there are 5' 1 See page 20 of the Neighborhood Revitalization Strategy (NRS). 2 Noted throughout the document; but see page 24 of the Neighborhood Revitalization Strategy (NRS) for a specific example as part of the recommendations from this document. ZOA-09-02/ Residential Development Standards 2 minimum side setbacks for principal structures, while garages must be 10' (See Exhibit 2 for an illustration of this discrepancy). 35' maximum height for principal buildings 15' maximum height for detached garages; 10' maximum height for storage sheds. Minimum lot size/width, maximum lot coverage of a lot that can be covered by buildings) varying by district. History 2003 Zoning Code Amendments It is important to summarize the similar zoning code amendment process undertaken in 2003. Initially, these specific issues were discussed as part of the comprehensive zoning code rewrite in 2001. As new issues emerged, subsequent meetings and research resulted in approval of the adopted ordinance taking place in 2003. The following general revisions were made in 2003 related to residential development standards: • Reduced the allowable building height for accessory structures in all residential zone districts from 20' to 15' for detached garages, and 20' to 10' for storage sheds. The general intent was to limit the bulk and mass of the structures, and there were also concerns about living space above the structures. • Increased side and rear setbacks for accessory structures based on building height. • Increased side and rear setbacks for principal structures in some districts - some based on height (per story) and some an outright increase. • Established a maximum size of 120 square feet for metal accessory buildings in all residential zone districts. • Revised the definition of an accessory building. Surrounding Jurisdictions Eight area jurisdictions were analyzed with regards to the residential development standards under consideration for this zoning code amendment. Exhibit 1 includes a table with more detail on this research. In general, the conclusions are as follows: Wheat Ridge... • Has the highest front setbacks on average • Has lesser rear setbacks for principal structures on average • Has higher side and rear setbacks for detached garages on average - most do not base the setback on height • Generally is more restrictive for corner lot setbacks. Five of the eight have reduced side and rear yard setbacks for corner lots for principal structures on average • Is consistent with regards to side setbacks for principal structures on average • Is consistent with front setbacks for accessory structures in that they are the same as the principal structure, but some jurisdictions simply require that they be behind the principal structure • Is consistent with accessory buildings of lesser height for side and rear setbacks on average • Is consistent with regards to building heights for principal structures on average • Is consistent with regards to building heights for accessory structures on average ZOA-09-02/ Residential Development Standards Summary of Proposed Changes Staff has proposed a number of changes throughout the residential zone districts reflected in the attached ordinance. The following general changes were made: • Classifying accessory buildings as major versus minor, and adding a new accessory buildings section. The current code only regulates detached garages and storage sheds for accessory buildings. • Allowing accessory buildings to encroach into front and street setbacks where the existing principal building already encroaches. • In most districts, reducing the front setback from 30' to 25' • In most districts, reducing side and rear setbacks for accessory buildings so that they are treated similar to the principal building. The following is a district-by-district summary of the changes: District Development Standards All districts . • Detached garages/carports and storage sheds as only accessory buildings regulated to major and minor accessory buildings classification. • Reference to new accessory buildings section. Residential-OneDistrict {1Z-1) • None Residential-One A District (R-1A) • Front/street setback: 30' to 25' • Side/rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' if 10' height, 10' if> 10' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' Residential-One B District (R-1B) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' Residential-One C District (R-1 C) • Front/street setback: 30' to 20' • Side/rear setbacks for all accessory buildings: 5' if 8' height, 10' if> 8' height to 5' ZOA-09-02/ Residential Development Standards District Summary of Changes to Development Standards Residential-Two District (R-2) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Side/rear setbacks for principal buildings, two family and group homes: 5' to 5' per story Residentii&T.:Wp A District (R 2A). = e Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' . • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' • Eliminate 5' per story side setback for single family residential Residential-Three District (R-3) . Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Eliminate 5' per story side setback for single family residential Residential-Three A District (R-3A) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Eliminate 5' per story side setback for single family residential Agricultural One (A-1) • None, but new reference to major vs. minor accessory buildings. Agricultural Two (A-2) • None, but new reference to major vs. minor accessory buildings. ZOA-09-02/ Residential Development Standards Classifying Accessory Buildings In consultation with the Planning Commission, staff has proposed classifying accessory buildings as major and minor, rather than the current detached garages and sheds. Major accessory buildings would have the same size and height restrictions as detached garages currently do, and similarly minor accessory buildings would have size restrictions similar to that of storage sheds under the current code. Under the proposed regulations, the size of the structure is the determining factor in its classification regardless of the use. The following is an illustration of a typical proposed standard in a residential zone district: In addition to the size and height restrictions, the main difference between major and minor accessory buildings is more restrictive setbacks in most districts. The general philosophy behind staff s recommendation is to treat major accessory buildings similar to how the principal structure is treated relative to setbacks, with lesser setbacks for minor accessory buildings. With this, where the principal structure has side or rear setbacks 10' or greater, major accessory structures would have 5' side/rear setbacks when less than 10' in height, and 10' side/rear setbacks when greater than 10' in height. Minor accessory buildings generally would have 5' side and rear setbacks regardless. Allowable setback encroachments In order to provide more flexibility on challenging lots where there are existing principal structure setback encroachments, staff has proposed allowing limited encroachments for accessory buildings in these situations. Under the proposed ordinance, where the principal structure encroaches into required front and street setbacks, the accessory structure may build in line with this encroachment. Detached garages are given special consideration, as there may be issues with vehicles hanging out onto the right- of-way where there is limited depth for a driveway along the street. The ordinance is written so that a typical vehicle would either fit onto a driveway in these situations, or it would be unlikely a vehicle would attempt to park there at all. This is accomplished by specifying that there cannot be a setback between 5' and 18' from the street, as the typical vehicle depth to accommodate a vehicle is 18'. RATIONALE FOR AMENDMENT There are some clear issues with the current code regarding consistency in treatment of principal and accessory buildings, as well as the goals of the NRS: • In many cases (e.g., R-113, R-1C, R-2, R-2A, R-3, R-3A), the principal structure has 5' side or rear setbacks, yet any accessory structure over 8' in height must be 10' from side and rear property lines. This effectively allows a 35' foot tall principal building 5' from a side or rear ZOA-09-02/ Residential Development Standards property line, while a 15' tall detached garage must be 10' from a side/rear property line (See Exhibit 2). • Requiring 30' front setbacks in all districts is a more substantial requirement than any jurisdiction surveyed (see comparable jurisdiction survey in Exhibit 1), and it also discourages pedestrian friendly development. • Requiring 30' front and street setbacks for corner lots creates a very small buildable area for these properties. • The only two accessory buildings addressed are detached garages and storage sheds. Buildings such as gazebos, barns, greenhouses, and other accessory buildings should be addressed rather than interpreted on a case-by-case basis. The intent of the attached ordinance is to provide more consistency and flexibility in the treatment of principal versus accessory buildings, as well as provide some modest front setback reductions to better encourage a pedestrian-friendly development pattern in most residential zone districts. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 concerning residential development standards." Exhibits: 1. Comparable Jurisdiction Summary 2. Illustration of Principal and Accessory Building Inconsistencies 3. Proposed Ordinance ZOA-09-02/ Residential Development Standards _N O O N I O N O cJ O M N ` c > E E > O O O y 10 N L y m N O) 0 i0 v1 N N U 3 > . 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O d J V m 0 d (O , N 'O -O C« D) C •J• N N O O N U C (0 C N O U C Dl C J C o C` O Oj j p c " N O O L J O O O" « O O« j J M Q N U N d N 01 U I~ d Iq cl (n N N LL N L 10 fn $ F .O N~ "O 6 (n 11 -2 N f9 U O U N d~ 0 N C N ~ m V E U ~ L O C~p N O O Q O 'd N i_ i o ~ D\ O 0 EXHIBIT 2: ILLUSTRATION OF PRINCIPAL AND ACCESSORY BUILDING INCONSISTENCIES ZOA-09-02/ Residential Development Standards ll V sz- City of Wheat Rdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 27, 2009 TITLE: COUNCIL BILL NO. 19-2009 - AN ORDINANCE AMENDING CHAPTER 26 CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (CASE NO. ZOA-09-02) ® ORDINANCES FOR 1sT READING (07/27/2009) ❑ ORDINANCES FOR 2ND READING (08/24/2009) ® NO City Mana Residential development standards are primarily set forth in Sections 26-205 through 26-214 of Chapter 26. These standards include building setbacks, size, and height, as well as minimum lot sizes for different land uses. This code amendment was identified as a high priority item as part of the short term zoning code amendments staff has been working on for a number of reasons as expressed in the Neighborhood Revitalization Strategy (NRS). The attached ordinance proposes various changes throughout the residential zone districts. The following general changes are proposed. • Classifying accessory buildings as major versus minor, and adding anew accessory buildings section. The current code only regulates detached garages and storage sheds-for accessory buildings. a 5 • Allowing accessory buildings to encroach into front and street setbacks where the existing principal building already encroaches. In most districts, reducing the front setback from 30' to 25'. ❑ PUBLIC HEARING ❑ BIDS/MOTIONS r, T)T`Ol T TTTTl XTO Council Action Item July 27, 2009 Page 2 • In most districts, reducing side and rear setbacks for accessory buildings so that they are treated similar to the principal building. The Planning Commission reviewed this code amendment at a public hearing held on June 18, 2009 and gave a recommendation of approval. COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on this amendment was held before the Planning Commission on Thursday, June 18, 2009. Planning Commission recommended approval of the attached ordinance. There were no persons in attendance to give testimony regarding the proposed modifications. STATEMENT OF THE ISSUES: There are some clear issues with the current code regarding consistency in treatment of principal and accessory buildings. • In many cases (e.g., R-1B, R-1C, R-2, R-2A, R-3, R-3A), the principal structure has 5' side or rear setbacks, yet any accessory structure over 8' in height must be 10' from side and rear property lines. This effectively allows a 35' tall principal building 5' from a side or rear property line, while a 15' tall detached garage must be 10' from a side/rear property line. • Requiring 30' front setbacks in all districts is a more substantial requirement than any jurisdiction surveyed, and it also discourages pedestrian friendly development. • Requiring 30' front and street setbacks for corner lots creates a very small buildable area for these properties. • The only two accessory buildings addressed are detached garages and storage sheds. Buildings such as gazebos, barns, greenhouses, and other accessory buildings should be addressed rather than interpreted on a case-by-case basis. The intent of the attached ordinance is to provide more consistency and flexibility in the treatment of principal versus accessory buildings, as well as provide some modest front setback reductions to better encourage a pedestrian-friendly development pattern and encourage reinvestment in the City's residential zone districts. Proposed new code language is represented in bold text. Deletions are shown with ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. Council Action Item July 27, 2009 Page 3 " I move to adopt Council Bill No. 19-2009, Case #ZOA-09-02, an ordinance amending Chapter 26 of the Code of Laws concerning residential development standards, on first reading, order it published, public hearing set for Monday, August 24, 2009 at 7:00 PM in the City Council Chambers, and that it take effect 15 days after publication." or, " I move to table indefinitely Council Bill No. 19-2009, Case #ZOA-09-02, an ordinance amending Chapter 26 of the Code of Laws concerning residential development standards, for the following reasons: Report Prepared by: Meredith Reckert, Senior Planner Report Reviewed by: Kenneth Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 19-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 19-2009 Ordinance No. Series of 2009 A ~S -tgE W+1e ~bEE 11 10&- G/ TITLE: AN ORDINANCE AMENDING CODE OF CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (CAS O. ZOA-09- 02) 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 the proposed amendments implement recommendations from the adopted Neighborhood Revitalization Strategy; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-120 of the Code is amended to read: Sec. 26-120. Nonconforming lots, uses and structures. C. Nonconforming structures and uses. Where a structure or use lawfully existed at the time of the adoption or amendment of this chapter which could not be built under the current requirements of this chapter because of lot area, lot coverage, required yards or the location of the structure on the lot, such structure or use may be continued so long as it remains otherwise lawful, subject to the following. 1. Any one- or two-family dwelling structure or customary accessory structures may be enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of corner lots, no enlargement, alteration or addition shall be permitted to encroach within the minimum sight distance triangle as set forth in section 26-603B. In addition, no enlargement, alteration or addition which extends within the nonconforming area shall result in the development of any additional dwelling units. 2. If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an extent of more than fifty (50) percent of its replacement cost, it shall not be reconstructed except in conformity with the applicable provisions of this chapter. 3. If any structure should for any reason be moved from its location at the time of adoption or amendment of this chapter, it shall conform to the provisions of the district in which it is located after it is moved. 4. No existing structure devoted to a use not permitted by this chapter in the district in which located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 5. Any nonconforming use may be extended throughout any part of the building which was designed or ZOA-09-02/ Residential Development Standards l arranged for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this chapter creating said nonconforming use. 6. Whenever any nonconforming use of a structure, or land, or a structure and land in combination is discontinued for sixty (60) consecutive days or six (6) months during any three-year period (except when government action impedes access to the property) the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which is located. Nonconforming residential structures and uses are exempt from the provisions of this subparagraph. Rezoning or special use permit applications for properties which are nonconforming uses at the time of application, and where these applications are intended to bring the nonconforming use into use conformance, shall not be charged application fees or be required to reimburse the city for direct expenses related to the application review process. 7. Setback encroach rients,for aecessory buildings May, be allowed where the principal structure Section 2: Sections 26-205 - 26-214 of the Code are amended to read: Sec. 26-205. Residential-One District (R-1) A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: Maxiniuni Building Lot Lot Front Yard Yard Height Coverage Area Width Yard Setback (a) Setback Setback Principal One-family 35' 25% 12,500sf 100' 30' (c IS' IS' Buildings dwelling Group home 35' 25% 12,500 sf 100' 30' (c b) 15' 15' Churches, schools, government and quasi- government buildings, golf 35' 25% 1 acre 200' 30' (c b) 15 (e d) 20' courses, small day care center, and nursing, elderly and congregate care homes ZOA-09-02/ Residential Development Standards Mi imum Minimum Minimum Maximum Maximum e Minimum Minimum n Front Side d Rear Yard Height Coverage Lot Area Lot Width Yard Setback (a) Yar Setback Setback (b a) (b a) Churches, schools, j government and quasi- government buildings, golf 35' o 25 /o I acre 200' 30' (c 15 (7 20' courses, small day care center, and nursing, elderly and congregate care homes Accessor l s t £ fl§ I ` O R N K Buildings Y A All Other Uses 35' " 25 /0 12,500 sf 100' 30' Qffl) 5 15' N ( a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. ( b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) Fifteen-foot setback for the first story and five (5) feet for each additional (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03) Sec. 26-206. Residential-One A District (R-IA). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. ZOA-09-02/ Residential Development Standards B. Development standards: TABLE INSET: Minimum Minimum minimum Maximum Height Maximum Building Minimum Lot Minimum Lot Front Yard Side Yard Rear Yard k S tb Coverage Area Width Setback (a) Setback i e ac b . Principal One-family 35' 30% 000 sf 9 75' 10' 15' Buildings dwelling , Group home 35' 30% 9,000 sf 75' 10' 15' Churches, schools, government and quasi- government buildings, golf 15 C&- ' courses, small 35' 30% 1 acre 200' 20 day care center, and nursing, elderly and congregate care homes Accessory Buildings Y ~..W LY-. ) fi 3 m-1 fs a 0u-...~, M1 RON All Other Uses 35' 30% 9,000 sf 75' Ts- 10' 15' Notes: ( a) Any side or rear yard which abuts a public street shall have a minimum setback of .an o fide feet for all structures. ( b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) ZOA-09-02/ Residential Development Standards See. 26-207. Residential-One B District. A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: In Maximo Mi i Minimum Minimum minimum Side Mininums Rear Maximum Height Building Coverage n mum Lot Area Lot Width (a) Front Yard Setback (b) Yard Setback (e Yard Setback 1~ttraaf{5• rv' One-family 35' 40% 7,500 sf 60' a) 5' ( (c a) 10' 'Brtl3ings dwelling Group home 35' 40% 7,500 sf 60' ) 5' (j ) 10' Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' 3& (d b) 15' (g e) 20' r courses, small day care center, and nursing, elderly and congregate care homes Accessory ` 47, Buildings a7oz zj ~~r. GUOs2 sa N~~ )~'~A Zafd) ee offl i n§~a3 x,s PARe t cwt AllOther U ses 35' 40% 9,000 sf 60' (s 5 (e) 10' ZOA-09-02/ Residential Development Standards Notes: f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. side or rear yard which abuts a public street shall have a minimum setback of k feet for all structures. b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) ( e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. setback for the first story and five (5) feet for each additional (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) See. 26-208. Residential-One C District (R-1C). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: Max imum Maximum Minimum Minimum Lot Minimum Front Minimum Side Y d minimum Rear Yard Height Building Coverage Lot Ar ea Width (a) Yard ar Setback Setback Setback (b) (c a) (c a) Riincipal One-family 35' 40% 5 000 sf 50' ~ ~ 5' S' Buildings dwelling , rum O ' ' Group home 35' 40% 5,000 sf 50' r 5 S Churches, schools, government and quasi- government lf b ildi ~f u ngs, go 35' 40% 1 acre 200' 1 15' 20' courses, small > day care center, and nursing, elderly and congregate care homes Accessory m; g, Buildings yjn s l'A9 aft _ ? t ZOA-09-02/ Residential Development Standards 35' I~ I VIM I 19 NO 40% 1 9,000 sf 1 60' P 3- °i n w, 061,111 5' 1 10 Notes: 4 l Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) See. 26-209. Residential-Two District (R-2). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. S -Y5 ~x s ~W, Any side or rear yard which abuts a public street shall have a minimum setback of feet for all structures. Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of B. Development standards: TABLE INSET: Maximum Minimum Minimum Minimum Minimum Side minimum Rear Maximum Height Building Lot Lot Width (a) Front Yard Yard Yard Coverage Area Setback (b) Setback Setback ' 5 ' Group home 35' 40% 9,000 sf 75 10 Churches, schools, government and quasi- government buildings, golf 35' ° 40% 1 acre 200' 15 (aj 20' courses, small 6j) day care center, and nursing, ` elderly and congregate care homes Accessory. Buildings ` 0, ~S7A ~ h Z, 1 ' V oil iQ7u'~a .~i..fi'- p ~ 3 4 WOW 0 111 ~ R? 1; t YY~~ -..xi 01- 's. t-r r,.ikx W211 ~a . r~ 3 a-.eti4t All Other Uses 35' 40% 9,000 sf 75' S' 10' ~ Notes: (74 f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. side or rear yard which abuts a public street shall have a minimum setback of feet for all structures. ZOA-09-02/ Residential Development Standards ( ) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs maybe reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) Fifteen-foot setback for the first storv and five (5) feet for each additional Sec. 26-210. Residential-Two A District (R-2A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: minimum minimum Maximum Minimum Minimum Minimum Side Rear Maximum Buildin 9 Lot Lot Front Yard Yard Height Coverage Area Width (a) Yard Setback Setback Setback (b) Frlneipat ' One-family 35' ° 40% 7 500 sf 60' 5' 10' Buildings dwelling , ) ` Two-family 35 40% 000 sf 9 75' -W 5' per 10, dwelling , b) story - 10'for one Multifamily 13,050 sf 5 'per or two story buildings; (3/more 35' 40% ) 100' y, story 15' for three dwelling units) story buildings ' z-scsscF~r+y}n p ' ' Group home 35' 40% 9,000 sf 75 ~ 5 per story 10 Churches, schools, government and quasi- government buildings golf ' ' , courses, small 35' 40/° o l acre 200 15 (1 ) 20 day care center, and nursing, elderly and congregate care homes Accessory Buildin s 0Dix f t? S lMa , M. g -M Jo? 1a it Per unit) Nl /t 2)'' b l yy Ah 4t7 Nl d5 a> i rlau :;3 ~ I - l I A-0 c l a . ZOA-09-02/ Residential Development Standards Notes: (a) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. lave a mtmmum setback of y srde or rear yard whichabuts a public str An eet la l h feet for all structures. Front setbacks for one or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required Fifteen-foot setback for the first story and five (5) feet for each additional story. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03) Sec. 26-211. Residential-Three District (R-3). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character. ZOA-09-02/ Residential Development Standards 10 B. Development standards: TABLE INSET: Maximum Minimum Minimum Minimum Minimum Side Minimum Rear Maximum U Ing Lot Lot Front Yard Yard Height Coverage Area Width (a) Yard Setback Setback Setback (b) (d b) b) I}nncrgal One-family ' 0 f 60' 10' Buildings dwelling 35 40% 7,50 s Two-family 35' 40% 9,000 sf 75' rrv ( ~ 5' per 10' dwelling b. story Multifamily 3/ d lli 35' 40% 12,500 sf ' 100' ' ~ q 15 ( W 15' (ffi ( more we ng (00 S units) ' 5'per ' Group home 35' 40% 9,000 sf 75 10 story - Churches, schools, government and quasi- government buildings, golf ' ' 15 ' courses, small 35 40% 1 acre 200 20 day care center, and nursing, elderly and congregate care homes Accessory t Buildings ~bY 1 6Qll sF (Pd ~ 1 ..k3E' S 1n* linos 4 Qs1 1\tA lit 25e S 5 A 1 li 1 t" y Y4 :a eRsxsxa?~-eFacasc L,.~i wg pr ~ ~ v - x'i ter, s•. =x"•_ P All Other Uses ' ' ~1_ O 5' per ' 35 40% 7,500 sf 60 P t 10 s ory Notes: Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional ZOA-09-02/ Residential Development Standards I 1 five (5) feet for each additional story over two (2) stories. Any srde or rear yard which abuts a public street shall have a minimum setback of is a feet for all structures. p) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimurn lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) Sec. 26-212. Residential-Three A District (R-3A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: i i Mi Minimum Minimum maximum Maximum Building Minim Lo um t M n mum nimum Lot Front Side Yard Rear Yard Height Coverage Area Width (a) Yard Setback (b) Setback Setback (d b) (d b) Principal One-family 35' o 40% 500 sf 7 60' (g~ ' 5 10' Buildings dwelling , 7 Two-fami] y 35' 40% 000 sf 9 S s 75' 5'Per ]0 dwelling , story Multifamily 12 500 sf 5e 15 (e a) ' (3/more dwelling 35' 40% , Cf d) 100' 15 (76 j units) 4An/ non r= 5' ZOA-09-02/ Residential Development Standards 12 The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all e) story Churches, schools, government and quasi- government buildings, golf o 1510 e 15 ( a 1 acre 200' 20' courses, small 35' 40 /o day care center, and nursing, elderly and congregate care homes Accessory Buildings ik.ry, btl`(l,.Sf (Pr xa Notes: (a f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. ( a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. ( 13) Any side or rear yard which abuts a public street shall have a minimum setback of ittiy ~yWt30j' feet for all structures. (e e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) A minimum of three thousand six hundred thirty (3,960) square feet of land area shall be require The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all ZOA-09-02/ Residential Development Standards 13 of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) Sec. 26-213. Agricultural-One District (A-1). A. Intent and purpose: This district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family residential and related uses, agricultural uses and activities will exist and be encouraged to continue. B. Development standards: TABLE INSET: Maximum Minimum minimum Minimum Minimum Side minimum Rear Maximum Building Lot Lot Front Yard Yard Height Coverage Area (d b) Width Yard S etback Setback Setback (a) Principal One-family 35' 25% 1 acre 140' 30' (c) 15' 15' Buildings dwelling Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf 35' 25% 1 acre 200' 30'(c) 15' 20' _ courses, small day care center, and nursing, elderly and congregate care homes Accessory Milli 0 25°/0' IYYA ~ 3i1 ( 5_N 5'..<a Buildings Ian 35' ta ~ 1 NMA! 3~ INIF"i r All Other Uses 35' 25% 1 acre 140' 30' 15' 15' ZOA-09-02/ Residential Development Standards 14 Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Lots smaller than one (1) acre ma be used only for residential purposes (c)Qpnn1drx rlar' .x ._4INpso buflJt- (Ord. No. 2001-1215, § 2-26-01) Sec. 26-214. Agricultural-Two Zone District (A-2). A. Intent and purpose: This district is established to provide a reasonably compatible transition between residential and more intensive agricultural land uses. It provides for large-lot, residential estate living while allowing more commercially oriented, yet still agricultural operations. Design standards have been included where possible to provide a reasonable interface between the two (2) extremes. B. Development standards: TABLE INSET: Max imum Maximum Minimum Minimum humum Front Side Rear Height Building Lot Lot Yard Yard Yard S b k Coverage Area (e) Width Setback Setback et ac (a) Principal One-family 35' 25% 1 acre 140' 30' (c) 15' 15' Buildings. dwelling Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf 35' 25% 1 acre 200' 30'(c) 15' 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory IViajo 35',= 25° S{ Oic~... l'Sr " 5 Buildings 1VI35rpr= 3'- E IA bNsj 10 : rr i 5PY U RUM . A 1 ' c Y'. now . ZOA-09-02/ Residential Development Standards 15 All Other Uses 35' 25% I acre 140' 30' 15' 15 Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet. (e) Lots smaller than one (1) acre may be used only for residential pu oses. (fl' , 'ate 1. <0~~an'-~21 (Ord. No. 2001-1215, § 1, 2-26-01) Section 3: Section 26-123 of the Code is amended to read: See. 26-123. Definitions. For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terns are defined as follows. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not specifically defined above shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the statutes, as defined in Webster's Dictionary. Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and ZOA-09-02/ Residential Development Standards 16 Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot Per story setback measured from the closest point of the additional story Side/Rear Setback Illustration 10' per story (in this example) Figure 26-123.1: Where side and rear setbacks are based on the number of stories of the building, the setback is measured from the closest point of the additional story, not the first story. In this example, the closest point of the third floor must be setback 15 feet (5 foot per story). Section 4: Section 26-306 of the Code is amended to read: Sec. 26-611. Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. In residential zone districts only, encroachments into required setback areas shall not be permitted except as follows, provided however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property: 1. Porches, patios, decks and balconies Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line. 2. Architectural features Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 4. Fire escapes, open stairways A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than three (3) feet. ZOA-09-02/ Residential Development Standards 17 B ~1bv~ rl' gtr M l a , I Ytr 100 e i#s fo r t pal 121 l *s FW UP If fifty (50) percent or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building .t , , Wbave a front yard consistent with the average building setbacks in the immediate area, exec t that for the pu ose of computing such average, a front yard s` setback less that fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line . a of any particular lot have been improved with buildings (S e, i 6e ' . However, in no instance shall a structure encroach into a required sight distance triangle. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 9, 10-27-03) ZOA-09-02/ Residential Development Standards 18 Section 3: Section 26-625 of the Code is amended to read: Section 26-625 1eserveci.Accsc`ry ]#nild~rigs ZOA-09-02/ Residential Development Standards 19 ZOA-09-02/ Residential Development Standards 20 Section 6. Safety Clause. The City of Wheat Ridge 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 7. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 8. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 7. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 24, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 2009. ZOA-09-02/ Residential Development Standards 21 SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1 st publication: 2nd publication: Wheat Ridge Transcript Effective Date: ZOA-09-02/ Residential Development Standards 22 A ditch may be relocated on a property; however the function of the ditch cannot be impeded. Chair REWHART closed public hearing. Commissioner HOLLENDER encouraged residents to stay involved throughout the process as more specific plans are developed. It was moved by Commissioner HOLLENDER and seconded by Commissioner DWYER to recommend approval of Case No. WZ-09-03, a request for approval of a zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval of an Outline Development Plan for property located at 11808 West 441h Avenue for the following reasons: 1. The rear portion of the property is currently underutilized. 2. The relocation of the I-70 on and off ramps dramatically changes the commercial development potential of this property. 3. Evaluation criteria support approval of this request. With the following conditions: 1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to Development Area "A". 2. Use number 26 (garden supply stores) be modified to allow outside display and storage. 3. Use number 55 (self storage) be removed from the list of permitted land uses. 4. The following note be added: "At the time of specific ODP submittal, a traffic impact analysis will be required which may necessitate modification to access points shown on this document." 5. Notes be added in conformance with item 4 of the Public Works comments dated May 4, 2009. Commissioner MATTHEWS offered a friendly amendment to remove Use No. 34 from the list of permitted land uses. The amendment was accepted by Commissioner HOLLENDER and DWYER. The motion passed 5-0 with Commissioners BRINKMAN, CHILVERS and TIMMS absent. (The meeting was recessed at 8:40 p.m. and reconvened at 8:50 p.m.) (Commissioner BRINKMAN returned to the dias at 8:50 p.m.) B. Case No. ZOA-09-02: An ordinance amending Chapter 26 pertaining to f residential development standards. Planning Commission Minutes 5 June 18, 2009 Jeff Hirt was sworn in by Chair REINHART. He entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of the proposed ordinance. This ordinance has been previously discussed at Planning Commission and City Council study sessions. It was moved by Commissioner MATTHEWS and seconded by Commissioner HOLLENDER to recommend approval of the proposed ordinance amending Chapter 26 concerning residential development standards. The motion passed 6-0 with Commissioners CHILVERS and TIMMS absent. 8. OTHER ITEMS • Jeff Hirt announced his resignation to take another position. The Commission expressed appreciation for his fine work while serving in the Community Development Department and wished him well in his new endeavor. • It was moved by Commissioner DWYER and seconded by Commissioner MATTHEWS to cancel the July 2, 2009 Planning Commission meeting. The motion passed unanimously. 9. ADJOURNMENT It was moved by Commissioner HOLLENDER and seconded by Commissioner DWYER to adjourn the meeting at 9:05 p.m. The motion passed unanimously. Davis Reinhart, Chair Ann Lazzeri, Secretary Planning Commission Minutes 6 June 18, 2009 Case No. ZOA-09-02 Case No. ZOA-09-02 restrictea • NRS wants to encourage investment in residential property In-w Case No. ZOA-09-02 barns, etc.) ~WkieaFr ir3act Case No. ZOA-09-02 R-2 Existing Standards - Single Family Accessory buildings over tl in height must be at least 10 from side and rear property lines. yet the principle structure must only be 5' from side property lines (allowed up to 35' in height) Case No. ZOA-08-07 w. .q., I" .,q'. Ll~ ~1FJ. ~Pl ..r Case No. ZOA-08-07 ne-acill• I - ' r , o J-09:. 9.tUl f1 ?a Tn'c taxuix 4041 10' meeJlFn~ k1 "j OmW home - 40h MOD s1 l Ed 10'. k} sfuig~x} Chmxhef, shoals, Ml'C'~?£3S 9v13 go bwd V 3 4091 1x. .00' 6°_3P C11 :a'{g ~p ?0 ,zm a . . tl ycom cea{ec and nm~L'd. <o~ae@ace care hoes Acc~ory emu.,, R49 3 6Sms1°PEc ' Y +"s'{dl hm 5 . tik sm7C- L+ tA Ls iU >30-, p'~i`n"oT XF7-, 39&st= NTii HIzS 33 City of Wheatj~dge PLANNING COMMISSION Co,,mmumr DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 18, 2009 TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (ZOA-09-02) CASE NO. ZOA-09-02 ® PUBLIC HEARING Case Manager: Jeff Hirt Date of Preparation: June 11, 2009 ® CODE CHANGE ORDINANCE SUMMARY: The attached ordinance proposes amendments to the development standards in residential zone districts. Specifically, revisions are proposed to setback requirements for both principal and accessory buildings, as well as a new section directly addressing accessory buildings. The attached ordinance represents the general consensus reached at multiple study sessions with both the Planning Commission and City Council with regards to some modest reductions in setbacks and generally more flexibility to make improvements on residential property. Notice for this public hearing was provided as required by the Code of Laws. ZOA-09-02/ Residential Development Standards BACKGROUND: Residential development standards are primarily set forth in Sections 26-205 to 26-214 of Chapter 26 of the Code of laws. These standards include building setbacks, size, and height, as well as minimum lot sizes for different land uses. This code amendment has been a high priority item as part of the short term zoning code amendments staff is working on for a number of reasons as expressed in the Neighborhood Revitalization Strategy (NRS). Neighborhood Revitalization Strategy The adopted Neighborhood Revitalization Strategy clearly outlines the need to update the zoning code to encourage improvements to existing residential properties to attract "strong" households. There are a number of obstacles in the current zoning code related to residential development standards to encourage desirable residential development and redevelopment in the current code: • Wheat Ridge has, on average, significantly smaller homes than surrounding communities and the county as a whole.' With this, there is a demand for expansions to existing homes, which often includes additions and detached garages. For instance, the majority of the homes built in Wheat Ridge were not originally built with two car garages, a commonly demanded item in the current residential market. • The current residential development standards, specifically setback requirements, often times are very restrictive in allowing any type of additions or expansions. In many cases the existing setback requirements do not reflect the existing conditions, particularly in residential neighborhoods east of Wadsworth. In other words, houses, garages, and sheds very often encroach into required setbacks under current regulations. A major component of the NRS is also encouraging more pedestrian-friendly neighborhoods 2 Every residential zone Typical Wheat Ridge residential district has required large front yard setbacks, higher on average structure than any surrounding jurisdiction in fact (see Exhibit 1 of this staff report). While it is perhaps appropriate to keep these larger front setbacks in some of the city's large lot residential zone districts, it may be beneficial to include some reductions in others. Current Code The current residential development standards generally include the following: 30' front setbacks in all districts, 30' setbacks from any street in all districts Generally, 5' side/rear setbacks where accessory buildings are less than 8' in height; 10' side/rear setbacks where accessory buildings are greater than 8' in height. This results in required 10' side/rear setbacks for any detached garage in most zone districts. In some districts, there are 5' 1 See page 20 of the Neighborhood Revitalization Strategy (NRS). 2 Noted throughout the document; but see page 24 of the Neighborhood Revitalization Strategy (NRS) for a specific example as part of the recommendations from this document. ZOA-09-02/ Residential Development Standards 2 minimum side setbacks for principal structures, while garages must be 10' (See Exhibit 2 for an illustration of this discrepancy). • 35' maximum height for principal buildings • 15' maximum height for detached garages; 10' maximum height for storage sheds. • Minimum lot size/width, maximum lot coverage of a lot that can be covered by buildings) varying by district. History 2003 Zoning Code Amendments It is important to summarize the similar zoning code amendment process undertaken in 2003. Initially, these specific issues were discussed as part of the comprehensive zoning code rewrite in 2001. As new issues emerged, subsequent meetings and research resulted in approval of the adopted ordinance taking place in 2003. The following general revisions were made in 2003 related to residential development standards: • Reduced the allowable building height for accessory structures in all residential zone districts from 20' to 15' for detached garages, and 20' to 10' for storage sheds. The general intent was to limit the bulk and mass of the structures, and there were also concerns about living space above the structures. • Increased side and rear setbacks for accessory structures based on building height. • Increased side and rear setbacks for principal structures in some districts - some based on height (per story) and some an outright increase. • Established a maximum size of 120 square feet for metal accessory buildings in all residential zone districts. • Revised the definition of an accessory building. Surrounding Jurisdictions Eight area jurisdictions were analyzed with regards to the residential development standards under consideration for this zoning code amendment. Exhibit 1 includes a table with more detail on this research. In general, the conclusions are as follows: Wheat Ridge... • Has the highest front setbacks on average • Has lesser rear setbacks for principal structures on average • Has higher side and rear setbacks for detached garages on average - most do not base the setback on height • Generally is more restrictive for corner lot setbacks. Five of the eight have reduced side and rear yard setbacks for corner lots for principal structures on average • Is consistent with regards to side setbacks for principal structures on average • Is consistent with front setbacks for accessory structures in that they are the same as the principal structure, but some jurisdictions simply require that they be behind the principal structure • Is consistent with accessory buildings of lesser height for side and rear setbacks on average • Is consistent with regards to building heights for principal structures on average • Is consistent with regards to building heights for accessory structures on average ZOA-09-02/ Residential Development Standards Summary of Proposed Changes Staff has proposed a number of changes throughout the residential zone districts reflected in the attached ordinance. The following general changes were made: • Classifying accessory buildings as major versus minor, and adding a new accessory buildings section. The current code only regulates detached garages and storage sheds for accessory buildings. • Allowing accessory buildings to encroach into front and street setbacks where the existing principal building already encroaches. • In most districts, reducing the front setback from 30' to 25' • In most districts, reducing side and rear setbacks for accessory buildings so that they are treated similar to the principal building. The following is a district-by-district summary of the changes: District Summary of Changes to Development Standards All districts • Detached garages/carports and storage sheds as only accessory buildings regulated to major and minor accessory buildings classification. • Reference to new accessory buildings section. Residential-.One District (R-1) • None Residential-One A District (R-IA) • Front/street setback: 30' to 25' • Side/rear setbacks for major accessory buildings: 5' if 8' height, 10' if > 8' height to 5' if 10' height, 10' if > 10' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' Residential-One B District (R-113) • Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' Residential-One C District (R-1 C) • Front/street setback: 30' to 20' • Side/rear setbacks for all accessory buildings: 5' if 8' height, 10' if> 8' height to 5' ZOA-09-02/ Residential Development Standards District I Summary 1 Changes 1 Development Standards Residential-Two District (R-2) e Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if > 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Side/rear setbacks for principal buildings, two family and group homes: 5' to 5' per story Residential-Two A District (R-2A) . Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if > 8' height to 10 if >10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Eliminate 5' per story side setback for single family residential Residential-Three District (R-3) . Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if > 8' height to 5' • Eliminate 5' per story side setback for single family residential Residential-Three A District (R 3A) j . Front/street setback: 30' to 25' • Side setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Rear setbacks for major accessory buildings: 5' if 8' height, 10' if> 8' height to 10 if>10' height' • Side/rear setbacks for minor accessory buildings: 5' if 8' height, 10' if> 8' height to 5' • Eliminate 5' per story side setback for single family residential Agricultural One (A-1) • None, but new reference to major vs. minor accessory buildings. Agricultural Two (A-2) • None, but new reference to major vs. minor accessory buildings. ZOA-09-02/ Residential Development Standards Classifying Accessory Buildings In consultation with the Planning Commission, staff has proposed classifying accessory buildings as major and minor, rather than the current detached garages and sheds. Major accessory buildings would have the same size and height restrictions as detached garages currently do, and similarly minor accessory buildings would have size restrictions similar to that of storage sheds under the current code. Under the proposed regulations, the size of the structure is the determining factor in its classification regardless of the use. The following is an illustration of a typical proposed standard in a residential zone district: In addition to the size and height restrictions, the main difference between major and minor accessory buildings is more restrictive setbacks in most districts. The general philosophy behind staff's recommendation is to treat major accessory buildings similar to how the principal structure is treated relative to setbacks, with lesser setbacks for minor accessory buildings. With this, where the principal structure has side or rear setbacks 10' or greater, major accessory structures would have 5' side/rear setbacks when less than 10' in height, and 10' side/rear setbacks when greater than 10' in height. Minor accessory buildings generally would have 5' side and rear setbacks regardless. Allowable setback encroachments In order to provide more flexibility on challenging lots where there are existing principal structure setback encroachments, staff has proposed allowing limited encroachments for accessory buildings in these situations. Under the proposed ordinance, where the principal structure encroaches into required front and street setbacks, the accessory structure may build in line with this encroachment. Detached garages are given special consideration, as there may be issues with vehicles hanging out onto the right- of-way where there is limited depth for a driveway along the street. The ordinance is written so that a typical vehicle would either fit onto a driveway in these situations, or it would be unlikely a vehicle would attempt to park there at all. This is accomplished by specifying that there cannot be a setback between 5' and 18' from the street, as the typical vehicle depth to accommodate a vehicle is 18'. RATIONALE FOR AMENDMENT There are some clear issues with the current code regarding consistency in treatment of principal and accessory buildings, as well as the goals of the NRS: In many cases (e.g., R-113, R-1 C, R-2, R-2A, R-3, R-3A), the principal structure has 5' side or rear setbacks, yet any accessory structure over 8' in height must be 10' from side and rear property lines. This effectively allows a 35' foot tall principal building 5' from a side or rear ZOA-09-02/ Residential Development Standards property line, while a 15' tall detached garage must be 10' from a side/rear property line (See Exhibit 2). Requiring 30' front setbacks in all districts is a more substantial requirement than any jurisdiction surveyed (see comparable jurisdiction survey in Exhibit 1), and it also discourages pedestrian friendly development. Requiring 30' front and street setbacks for corner lots creates a very small buildable area for these properties. The only two accessory buildings addressed are detached garages and storage sheds. Buildings such as gazebos, barns, greenhouses, and other accessory buildings should be addressed rather than interpreted on a case-by-case basis. The intent of the attached ordinance is to provide more consistency and flexibility in the treatment of principal versus accessory buildings, as well as provide some modest front setback reductions to better encourage a pedestrian-friendly development pattern in most residential zone districts. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 concerning residential development standards." Exhibits: 1. Comparable Jurisdiction Summary 2. Illustration of Principal and Accessory Building Inconsistencies 3. Proposed Ordinance ZOA-09-02/ Residential Development Standards ~ o p M ~(l iO o M 0 M N E E D > O O'- O O N W Q N S N N " N O O) . C 11l N O- E O N O ~ N N N U O 6_ ~i N C_' N IU N • U Q~ • C Y N N ~ ~ N O O N N _ I C ~ • N N N O U` Lo v d c O O m N m O) N w. d tp E O U O) N L a C • U O 0 F O N (0 Y U N R O L Q J _ _ v = I Ew O M- Q.O ON m C • O ~ O O ryY N ~ N O N Ea E N... E 2 ~ ~ to U1 N N Q N M ~L• ~ U N UL r- N p . O O O N in N L v VOl N O)'O N .d V N N Q N C N N N 55 O 9 C N 6 L U L 'O Q m N i~ L L N ~ • IfJ N N N LL N N O N (n N - r N t 6 O • iN N • O 0 E ~ o ~ ~ w N p O Q O N U 3 c O T O o. N O - ~ ~ E ~ N a N J' ' E - c I o c L U to N I ~ L N `O N U I a U 1 N N t o 0 - o i n ill 0 . 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U R Q 9 N T 0 m N O ~ • C m _ m~J U'3 O « O m R U L a Q 9 E° E~ n • ~ R N t O O N D N . m t; O .C ow O'c' d c 0 ~ N o 2 m 2 m N m" N d U N d ~ ~ 2- N~ -O N U m m¢ ry w o u m m c o a m y ° v m `m c n c m m S u rn o r Boa > J 1 c Ci J (Ui ~C`O tO m LXJ . \ 0m NOLL NLLN`NO N LN'~R NO N 0 CJ m m Q y U m O. m U f~ O_ N U) N N LL N S] N N >i F L l/+"U ¢ (n L m N 'O V ~ m N C N C m E N m d m m m R " ~ £ m > O ¢ U . I~ L.. O N C m iq N - N L N O m m ~ 3 0 N 'O C. ri N O Q D N O Q\ O Q EXHIBIT 2: ILLUSTRATION OF PRINCIPAL AND ACCESSORY BUILDING INCONSISTENCIES ZOA-09-02/ Residential Development Standards 11 EXHIBIT 3: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING CODE OF CONCERNING RESIDENTIAL DEVELOPMENT STANDARDS (CASE NO. ZOA-09-02) 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 the proposed amendments implement recommendations from the adopted Neighborhood Revitalization Strategy; and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-120 of the Code is amended to read: Sec. 26-120. Nonconforming lots, uses and structures. C. Nonconforming structures and uses: Where a structure or use lawfully existed at the time of the adoption or amendment of this chapter which could not be built under the current requirements of this chapter because of lot area, lot coverage, required yards or the location of the structure on the lot, such structure or use may be continued so long as it remains otherwise lawful, subject to the following. 1. Any one- or two-family dwelling structure or customary accessory structures maybe enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of corner lots, no enlargement, alteration or addition shall be permitted to encroach within the minimum sight distance triangle as set forth in section 26-603B. In addition, no enlargement, alteration or addition which extends within the nonconforming area shall result in the development of any additional dwelling units. 2. If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an extent of more than fifty (50) percent of its replacement cost, it shall not be reconstructed except in conformity with the applicable provisions of this chapter. 3. If any structure should for any reason be moved from its location at the time of adoption or amendment of this chapter, it shall conform to the provisions of the district in which it is located after it is moved. 4. No existing structure devoted to a use not permitted by this chapter in the district in which located ZOA-09-02/ Residential Development Standards 12 shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 5. Any nonconforming use maybe extended throughout any part of the building which was designed or arranged for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this chapter creating said nonconforming use. 6. Whenever any nonconforming use of a structure, or land, or a structure and land in combination is discontinued for sixty (60) consecutive days or six (6) months during any three-year period (except when government action impedes access to the property) the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which is located. Nonconforming residential structures and uses are exempt from the provisions of this subparagraph. Rezoning or special use permit applications for properties which are nonconforming uses at the time of application, and where these applications are intended to bring the nonconforming use into use conformance, shall not be charged application fees or be required to reimburse the city for direct exnenses related to the aoolication review process. Section 2: Sections 26-205 - 26-214 of the Code are amended to read: See. 26-205. Residential-One District (R-1) A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. 3 NOTE: This language has been added as a cross reference for further allowed encroachments into setbacks set forth in the new Section 26-625, Accessory Buildings. ZOA-09-02/ Residential Development Standards 13 B. Development standards: TABLE INSET: Minimum Minimum Maximum Minimum Minimum Minimum Side Rear Maximum Building Lot Lot Front Yard Yard Height Coverage Area Width Yard Setback Setback Setback (a) Churches, schools, government and quasi- 7 7 government buildings, golf 35' 25% 1 acre 0' 3 ( 1b) 20' courses, small day care center, and nursing, elderly and congregate care homes Accessor L~aJgY 15' " j;00_Q sf N/AQ N/$ 3Q' (c)r., 1S` 15_' MI%Qr 10';,j 4QQsf' N/A N(A 3U'(cj T5" 75'_ Buildings Detaelied 10500 f garage E ear-pert- 43'- 1 000 s f , s 499 30, 45~ 4-51- nrryate..,,...fie = - 12,500 ..c 490= 4 13 shed- 49 4A0 st - ) All Other Uses 35' 25% 12,500 sf 100' 30' (q b) 5 ( s) 15' Notes: (ff a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. ( b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A 1...:1ding or str ct..«o ..:t ieh 1"e. ses ,..'imal.. exeept a resideftee, shall be set 1, 7 fif+ (1 5) feet G y lines and at least thit:t• (30) f et from a residence on an :;djaeeR4 °t 6 pare (e d) Fifteen-foot setback for the first story and five (5) feet for each additional story. 4 NOTE: Per Section 26-1203, an accessory building may be constructed on any lot in any district where single family dwellings are permitted, regardless of the size and width of the lot. The current code implies here that a property owner needs a certain size lot to build any accessory building, which is in conflict with this and current policy. With this, we have suggested noting that minimum lot size and width for accessory buildings is not applicable in any residential zone district. Minimum lot size and lot width requirements for principal buildings has been retained, as this is used as a basis for any new lots that are created. 5 NOTE: This is a new note added throughout each zone district to call attention to this little used provision, in which front setback reductions are allowed where the majority of the front setbacks on the block are less than 30'. 6 NOTE: This provision has been placed in the new Section 26-625, Accessory Buildings rather than being repeated for each zone district (throughout each residential district below as well). ZOA-09-02/ Residential Development Standards 14 7 (e) Metal aeoessory buildings over one hi,~ndf ed twentt, (120) s"are feet in size are not permitted (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03) Sec. 26-206. Residential-One A District (R-lA). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: minimum minimum Maximum Minimum Minimum Minimum Side Rear Maximum Building Lot Lot Front Yard Yard Height Coverage Area Width Yard Setback Setback Setback (a) Principal One-family 2Sr V (c ' ' Buildings dwelling 35' 30% 9,000 sf 75' b) " 10 15 Group home 35' 30% 9,000 sf 75' 2_57'34 (e 10' 15' b) Churches, schools, government and quasi- government buildings, golf 2? (c 15' (e d) ' courses, small 35' 30% 1 acre 200' b) 20 day care center, and nursing, elderly and congregate care homes Accessory 5! if c ' Buildings 5' if 10' 10' in (d) 17aj or 15 1',.604 sf: NIA NIA 25' (c) in height; ' ' height, ' ;if > 10 10 if > 10 in heights 10' in height Minor 4004', s NIA N/A 25' (c): 5! Detaeked- 15 000 s f 1 9,000 Sf- 73- 30 a: if - o' , ~F ° if 8, f in garage a carport- , i n i a~ w inheight i > S' 10' a a °fl' n-:-aw-' ~ IO- 400.4~ 960031 7-5-'- 30 51 ke" "~f 7 NOTE: This provision has been placed in the new Section 26-625, Accessory Buildings, rather than being repeated for each zone district (throughout each residential district below as well). 8 NOTE: In order to stay consistent in the treatment of major accessory buildings with the principal structure, staff has suggested an increased rear yard setback up to 10 feet for major accessory buildings where the principal structure has more than a 10 foot rear setback minimum. ZOA-09-02/ Residential Development Standards 15 Notes (b a) Any side or rear yard which abuts a public street shall have a minimum setback of twenty`fi~e (25) thii4y (3 0) feet for all structures. (c b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) Any building er sti=uetufe whieh hauses animals, exeept a residenee, shall be set baek fifteen (15) r et from property tines and at toast thi ft., (zm f et free a "esidenee on an aa:aeent pareel (0- d) Fifteen-foot setback for the first story and five (5) feet for each additional story. (e) Metal accessary buildiiigs e~,,er ene hundred twenty (120) squaf e feet ift size ai-7e not permitted. Sec. 26-207. Residential-One B District. A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: Maximum Maximum Bu . . ilding . . Minimum Minimum Lot Minimum Front minimum Side Minimum Rear Height Coverage Lot Area Width (a) Yard Yard Setback (c Yard Setback Setback (b) Principal 'I One-family 35' 40% 500 sf 7 60' 25 30 (it b) 5 (e c) 10' Buildings dwelling , Group home 35' 40% 7,500 sf 60' -W (d b) 25' S (e c) 10' Churches, schools, government and ' 2513& (d b) 15' (g e) ' quasi- 35' 40% 1 acre 200 20 government buildings, golf courses, small ZOA-09-02/ Residential Development Standards 16 day care center, and nursing, elderly and congregate care homes Accessory Buildings Major 15' 600 sf, NIA NIA 28' (d) 5' 5'ifi-91 51 if 4- 8' Deta 1.._d 1 i 600 f 7500 ..f_ 30 er OaTtnt 10' if > 8' 10, if > 8' in height m4icqg~ 5' (d) i 5' (d) i 4-8-kn 91 Prr~ate storage v,500 vr - -tom g00 Si = r68 30L- height; 10' height; 8! shed if ~ 91 in if> 8, height- height All Other Uses 35' 40% 9,000 of 60' 25 34Y (il k) 5 (a e) 10' Notes feet for both street frontages. , . (c a) Any side or rear yard which abuts a public street shall have a minimum setback of tw' ty:, (25) thirty feet for all structures. (d b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (d) Any building E)r struetufe whieh houses animals, e~Eeept a residence, shall be set back fifteen (15) f from lines afid at least thii4 . (30) f et from a raside""0 en an adjacent pareeL ( e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Metal aeeessery buildings evef ene hundred twenty (120) square feet in size are not pefinitted. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) ZOA-09-02/ Residential Development Standards 17 Sec. 26-208. Residential-One C District (R-1Q. A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: minimum minimum Maximum Maximum Minimum Minimum Lot Minimum Front Side Y d Rear Yard Height Building Lot Width (a) Yard ar Coverage Area Setback (b) Setback (c ) Setback (c a) Principal ' One-family 35' o 40/a 5 000 sf 50' 2,Ot.3& ('d 5' 5' Buildings - ' dwelling , b) Group home 35' 40% 5,000 sf 50' x (a 5' S' b) Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 20' 39 (d 15' 20' ' courses, small h) day care center, and nursing, elderly and congregate care homes Accessory Major 5, ! 00'sf. N/A 1V/A 5` B/uild ngs YTinor 10". 300 sf NIA N/A 20' (d) le) ne.wa O if 9'9' 5' if 8, in 5L 4 699 f- 3 999 f 59- 39--(b) in height; wheight; 10, if game or carport- 7 - 5 ; 5 10'> iii height 81 in height- . 5' (d) i if o d i- n•-c :•rrvatc~.v~ rage shed 4OL- 10..F 5,000 ..f 38- _ 4-91 height; 10' if , i hef$h_ ( ) 9' m in height; °-'8, i ' rvTO-a~vm height All Other Uses 35' 40% 9,000sf 60' 20' 39' (i7 5 (e s) 10' b) Notes feet for both street frontages. (c a) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (2Q) feet for all structures. ( b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of ZOA-09-02/ Residential Development Standards 18 section 26-1 (e) Any building er stndeture which heiises animals, except a resideftee, shall be set baek-fifteen+1-5~) C frem property > lines and at l east thirty (30) f et G'"" residence o _ an adjacent Pareel. (e) Metal aeeessei=j, buildings ever one hundfed twenty (12.11, sElidare feet in size are not pefffiitted. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) See. 26-209. Residential-Two District (R-2). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development standards: TABLE INSET: Maximum M . . Immum Minimum Minimum Minimum Side Minimum Rear Maximum Building Lot Lot Front Y d Yard Yard Height Coverage Area i t a ar Setback (b) Setback (c 0) Setback a) Principal ' One-family 35' 40/° ° 9,000 sf 75' - 3& (d S' (e e) 10' Buildings dwelling b) Two-family 35' ° 40% 12,500 sf 100' ZS' 30 (A 5 per $ (orY 0 10 dwell in g b) e) Group home 35' 40% 9,000 sf 75' 25' 30 (d b) 5 per skory(g) 10' Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' ( 15'(g e) 20' courses, small b) day care center, and nursing, elderly and - congregate care homes Accessory 5 if 10' Buildings Major 15' 1,OOU;st"per N S(, ! height, (f) unit N/A /A I.0`af~:lp? WNW Minor 10' 4UO.sf N /A NfA 35' {ii) 5' S' 9 NOTE: Staff has recommended a 5' per story side setback for two family dwellings and group homes, consistent with how they are treated in the R-2A, R-3, and R-3A districts. ZOA-09-02/ Residential Development Standards 19 Minimum Minimum Maximum Minimum Minimum Minimum Side Rear Maximum Lot Front Y d Yard Height Building Coverage Lot Area Width (a) Yard ar Setback Setback Setback (b) 7 M7070 Detached 1 5! 1,000 usf pe ~ ~ 90 ~5- ~8 51 if 81 in height; 5 I he:~~" garage Br e Tert- - unit 5 10' if > 8' in height ~ 91 in height e 44~ 100 9 099 - 7-5i- 39= 5' (d) i hei ht; 10' O (d) ifi- ¢'.r-nr eight; . shed s - s g ,fro .a height- 10ro if> 8' i height -All Other Uses 25' 39 (d - ' 35' 40% 000 sf 9 75' 5 (e s) 10 , h) Notes: feet for both street frontages. (c a) Any side or rear yard which abuts a public street shall have a minimum setback of t~enty dye (25) thit+y (30) feet for all structures. (i3 b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (d) Any building or stfuet~dfe whieh heeses animals, exeept a residenee, shall be set back fifteen (15) feet. (g e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Metal aeeessorybttildings over ene hundred twenty (120) sqiiafe feet in size are net pennitted. Sec. 26-210. Residential-Two A District (R-2A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. ZOA-09-02/ Residential Development Standards 20 B. Development standards: TABLE INSET: M i Mi i Mi i Minimum Minimum Maximum ax mum Bulming minimum Lot n mum Lot n mum Front Side Yard Rear Yard Height Coverage Area Width (a) Yard Setback Setback Setback (b) Two-family 35' 40% ° 9 ,000 sf 75' 25' 38 (d 5' per 10' dwelling b) story 10' for one Multifamily ' or two story (3/more 35' 40% 13,050 sf 100' 25130! (d 5 per buildings; ' dwelling units) (c E) b) story for three 15 story buildings Group home 35' 40% 9,000 sf 75' 25^38' (a 5' per story 10' b) Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25 70- (tj 15' (f e) 20' courses, small b) day care center, and nursing, elderly and congregate care homes Accessory 64Q sf Buildings Major 1S (pex uniC) 25-. (d); : 5'- m h25ght, C N/A N/A , l0 if? lU.' tn,lieigtif 0414 40 N/A N/A Minor 1Q' : , S' 5' if 8' 51 if 41 Detache 45= 68„0s€(per 9,000 sf 75 38' (b) 'ate height; 10' zF oarpert in height height- a d if<- _ 18 000 f 9 7 51 30L h i ht 0, ( ) °-am height; r sheer d{. , - - e g ; if> height in, u~w in height All Other Uses ' 25 34Y (d ' ' 35' 40% 9,000 sf 75 (g) b) 5 10 Notes: feet for both street frontages. (c a) Any side or rear yard which abuts a public street shall have a minimum setback of f4f81Tt)? five(25) thi feet for all structures. C b) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul- ZOA-09-02/ Residential Development Standards 21 de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (e e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (d) Any building er stpdeture whieh heidses animal I exeept a rasidenee, shall be set back fifteen (15) €eeE (f e) Fifteen-foot setback for the first story and five (5) feet for each additional story. Resei-ved_-. (g) Metal aeeessoi-j, buildings ever one Inindred twenty (120) square feet in size are net i3efmitted. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03) Sec. 26-211. Residential-Three District (R-3). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character. B. Development standards: TABLE INSET: Mi i m Minimum minimum Minimum Maximum Maximum Building Minimum Lot n mu Lot Front Side Yard Rear Yard Height Coverage Area Width (a) Yard Se back t Setback Setback (b) (it b) (d b) Principal One-family 35 o 40% 500 sf 7 60' (g f) 10' Buildings dwelling , Two-family 35' 40% 9,000 sf 75 (g f) 7 10' dwelling Multifamily (3/more dwelling 35' 40% 12,500 sf (6 100' 15' 15' a) d) units) Group home 35' 40% 9,000 sf 75' 2S' 3W (e e) 5' per stor 10' y ZOA-09-02/ Residential Development Standards 22 Maximum Minimum Minimum Minimum Minimum Side Minimum Rear Maximum Lot Front Y d Height Building Lot i t a Yard Yard ar Coverage Area Setback Setback Setback (b) Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' 3W (e 15' (b a) 20' courses, small e ) day care center, and nursing, elderly and congregate care homes Accessory Buildings Major 15? 60Qsf{p'er - 25 `(e) 5` m=heagltt, . lg) unit) , l\(;A ll/ Y , Z6? tf > ] 0„? iu'heiglit 1YCArtoY. 70_;' 400 sf/,4 ;a NY Y/A 25.n(@).i 5! S` . ` d,u. 51 ifi-Q1 5' if Q,:« Detaelied gmage or carport -5~ 6000 sfpe unit 95000 Sf 75~ in height 10, if > 81 in height- ~-nx height; 10' i > 8' i heiglrt- ' i t 499 s€4 5' (e) i a is :c<- gf he: l rrro avci oEagc shed 49- 9,000 c 7-N- 30 height; 10 i€>-8-in hetght- g n' if 1-o- > 8' height_ All Other Uses ~ 25' 31 (e ' per 5 ' 35' 40% 7,500 sf 60' ) st ry 10 e Notes: feet for both street frontages. (e a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. O _b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty fire (2 they (30) feet for all structures. ( e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. f~ ZOA-09-02/ Residential Development Standards 23 (g) Meta4 aeeessefy buildings oVef ene I+uadr-ed twenty (120) sEpiafe feet in size are net i3et:Fnitted. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) ZOA-09-02/ Residential Development Standards 24 See. 26-212. Residential-Three A District (R-3A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: Minimum Minimum Maximum m Minimu Minimum Minimum Side Rear Maximum Building Lot Lot Front Height Coverage Area Width (a) Yard Setback Setback Setback (b) (d b) (d b) Principal One-family 35' 40% 7,500 sf 60' (g f) 25' 3& (e 5' per 10' Buildings.: dwelling e) 4efy Two-family 35' 40% 000 sf 9 75 (g f) 3& (0 5' per 10' dwelling , e) story Multifamily (3/more dwelling 35' 40% 12,500 sf 100' 25' W (:e. 15' (e a) 15' (c a) d) e) units) Group home 35' 40% 9,000 sf 75' ~ 30 (e 5' per 10' e) story Churches, schools, government and quasi- government buildings, golf 35' 40% 1 acre 200' 25' 39! (e 15' ('t a) 20' courses, small e) day care center, - and nursing, elderly and congregate care homes Accessory Buildings Major 15' fi60:sf (per A 25 (e)+ 5- 8 :in height', I' (g) : . n~titj N/A N/ VA 10' 8' in height MintiY 10'" 400 sf/4 N/A N/A 2~'=(e) 50, Detached o"` OF earpOrt- 15= ~ o nnn r ~ ~5 - aa<- Q' inheight; 10, 4- 91 41 height- 51 if<-Q':.. he"-`g hr'n' > in hetght- Pnyat 49 4 4 00 f 9,000 7-5L 39= 81 hei ht; 1' 9'in he ight; shed - d.u. s g if ~ 91 in h ni if > 8' i height All Other Uses 35' 40% 500 sf 7 60' X5' -X (e 5' per 10' 9 e) story ZOA-09-02/ Residential Development Standards 25 Notes: (a f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (ea) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) thirty (30) feet for all structures. (e e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul- de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) ( d) A minimum of three thousand six hundred thirty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) A" building or stiuetiife whieli houses anifnals, exeept a residenee, shall be set baek fifteen (15) feet. (g)'See on 26 62 for_adc7 tlonalregwift nspertainu g to aeees"sort' buildings (g) Metal aec~~ssoi-y buildings ever efie hundred twefAy (120) square n si5~e are not penn The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconfonning structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) ZOA-09-02/ Residential Development Standards 26 See. 26-213. Agricultural-One District (A-1). 10 A. Intent and purpose: This district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family residential and related uses, agricultural uses and activities will exist and be encouraged to continue. B. Development standards: TABLE INSET: minimum Minimum EM Maximum Minimum Minimum Minimum Side Rear Maximum Building Lot Lo t Front Yard Yard Height Coverage Area (d . Width Yard Setback Setback Setback Principal One-family 35' 25% 1 acre 140' 30' (c) 15' 15' Buildings dwelling Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf 35' 25% 1 acre 200' 30'(c) 15' 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory Major 35' ZS%~ / NtA 30'.: {t) 15?. ' S:; Buildings minor 25%, N/A NIA 30':'= 15' ' 5' i Detached garage 35 25%- 1 aefe AV 3' -(E 15' 5= Pfivate e shed ba . 35!- 250,/v 4 acre AQ, ~ 4-51- 5= All Other Uses 35' 25% 1 acre 140' 30' 15' IS' Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Lots smaller than one (1) acre may be used only for residential purposes. 10 NOTE: To be consistent with how accessory buildings are proposed to be defined, staff has modified the terminology below accordingly. The standards do not change in the A-1 and A-2 districts however. ZOA-09-02/ Residential Development Standards 27 (e) See Section 26',625 for additionahregulatiot►s per`tainirg fo accessory buildings: (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-214. Agricultural-Two Zone District (A-2). A. Intent and purpose: This district is established to provide a reasonably compatible transition between residential and more intensive agricultural land uses. It provides for large-lot, residential estate living while allowing more commercially oriented, yet still agricultural operations. Design standards have been included where possible to provide a reasonable interface between the two (2) extremes. B. Development standards: TABLE INSET: i Minimum minimum Maximum Maximum Building Minimum Lot Minimum Lot Min mum Front Side Yard Rear Yard Height Coverage Area (e) Width Yard Setback Setback Setback (a) (b) Principal ' One-family 35' 25% 1 acre 140' 30' (c) 15' 15' Buildings dwelling Group home 35' 25% 1 acre 140' 30' (c) 15' 15' Churches, schools, government and quasi- government buildings, golf 35' 25% 1 acre 200' 30'(c) 15' 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory Major 3S!"_ 25%, N/i N/A 3U' .(e)d Builrungs Minor 35' 25% N/A NfA 30' ; (d) 15' S' {ff Detacshed garage E) carport- 3-5- 25% n acre 14~ ~Q' n e shed, barn si'elt melc~ ~z"~ ete- 3-5!- 2S/~ 1 acre - 14~- 30, tea` 15-- _5 L All Other Uses 35' 25% 1 acre 140' 30' 15' 15' Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where greater setbacks are specifically required. (c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. ZOA-09-02/ Residential Development Standards 28 (See Figure 26-123.3.) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet. (e) Lots smaller than one (1) acre may be used only for residential purposes. (f) See Section 26-62.5 foX additi6nal regulations!pertaining to accessory buildings: (Ord. No. 2001-1215, § 1, 2-26-01) Section 3: Section 26-123 of the Code is amended to read: Sec. 26-123. Definitions. For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terms are defined as follows. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not specifically defined above shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not defined in the statutes, as defined in Webster's Dictionary. Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. 11 NOTE: In several residential zone districts, there is a side and/or rear setback based on the number of stories of the building. The language simply reads, e.g., "5 foot per story". It has been difficult to interpret whether this means the entire structure orjust the additional story. For example, if there was an existing one story structure setback 5' could a property owner build a second story on top of this and in line with the existing setback? Or does only the second story have to be setback based on the "per story" requirement? Or can they not build up at all'? Staff suggests the following to allow additional stories onto existing one story structures that may be less than 5' from property lines with requiring "stepping back" of the upper floors. ZOA-09-02/ Residential Development Standards 29 Per story setback measured from the closest point of the additional story Side/Rear Setback Illustration 10' per story (in this example) Figure 26-123.1: Where side and rear setbacks are based on the number of stories of the building, the setback is measured from the closest point of the additional story, not the first story. In this example, the closest point of the third floor must be setback 15 feet (5 foot per story). Section 4: Section 26-306 of the Code is amended to read: Sec. 26-611. Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. In residential zone districts only, encroachments into required setback areas shall not be pennitted except as follows, provided however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property: 1. Porches, patios, decks and balconies Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line. 2. Architectural features Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 12 NOTE: This language has been added as a cross reference for further allowed encroachments into setbacks set forth in the new Section 26-625, Accessory Buildings. ZOA-09-02/ Residential Development Standards 30 4. Fire escapes, open stairways A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such B. Allowed;Front Yazd SUN -,Vnexoach'inents CoY-Print pal'l3uilthh9s If fifty (50) percent or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building may shallt3 have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front and ' ,.__.,s of lift""` feet shall be Eleem d to be Fn° (50 f et ~ setback less that fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line witlnn the same-blockr4 of any particular lot have been improved with buildings (SeeTguYe 26=611.1). However, in no instance shall a structure encroach into a required sight distance triangle. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 9, 10-27-03) Section 3: Section 26-625 of the Code is amended to read: 13 NOTE: This is a little used provision, therefore staff has suggested changing the language from mandatory to optional to provide more flexibility for property owners. 14 NOTE: Staff has added this provision, as it is confusing under current regulations as to whether or not the 200' extends to other blocks or on the same block. Its staff s opinion that only the subject block should be looked at, as crossing a street may result in a completely different zone district and characteristics. ZOA-09-02/ Residential Development Standards 31 Section 26-625 Accessory Buildings 15 A. Purpose 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. 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 (residential and agricultural zone district regulations). 16 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 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 zone district regulations in Sections 26-205 to 26-214. c. Miscellaneous Provisions i. Metal Accessory Building Restriction Metal accessory buildings over 120 square feet are not permitted in any residential zoning district. 17 Frame-built residential accessory structures over 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. 18 19 iii. Gates and Guard Houses 15 NOTE: This is an entirely new section to address accessory building standards in one location, rather than scattered across the various zone districts. Further discussion is provided in the staff report. 16 NOTE: With their being no accessory buildings currently allowed on nonresidential property, these would only apply to residential. 17 NOTE: This provision is taken from each of the residential zone districts, where it is repeated. Staff has suggested striking that language and stating it once here. We have also added language that allows some types of metal siding. 18 NOTE: This provision comes from multiple locations in the current code - including as a footnote in every residential zone district (Sec. 26-205-212) and Sections 26-605 and 606. Staff has suggested striking this language in the residential zone districts, as it is repeated each time for each district. 19 NOTE: This last statement has been added as the A-2 district has more restrictive standards for these buildings. ZOA-09-02/ Residential Development Standards 32 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 building. 2. Major and Minor Accessory Buildings 20 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 section 26-60313: i. 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 Figures 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 20 NOTE: Staff has suggested differentiating accessory buildings by type, as opposed to the current standards where only detached garages and storage sheds are addressed. The current code makes it difficult to fit any other type of building into a "box" - e.g., gazebos, greenhouses, barns, etc. See pages 5-6 of this staff report for more explanation. ZOA-09-02/ Residential Development Standards 33 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. 21 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 fapade of the principal structure. 21 NOTE: Staff has inserted this provision to allow some discretion where there may be unusual circumstances where there are allowable setback encroachments, but there may be other issues involved (e.g., the distance between the edge of pavement and the property line would create a 12' driveway with a 5' setback, and vehicles may be hanging out on the right-of-way). ZOA-09-02/ Residential Development Standards 34 Residential Development Standards Meeting 5.21.09 - KJ, MR, JH • Get rid of use approach • Keep major and minor • Major will have a 5' rear setback if <10' in height, and a 10' rear setback if>10' in height, where the principal structure has a 10' or greater rear setback. Keep 5' side setbacks • Check numbers - R-I C is off with major/minor maximum sizes per the old standards (see notes), as is the minimum lot size and lot width. Check across the board. • Get rid of minimum lot size and lot width across the board for accessory buildings. You can build accessory buildings where there is a principal structure regardless of the size of the lot. • Get rid of maximum number of accessory building language on page 31. This is current policy, but we don't need to call attention to it. • Beef up what is considered an acceptable/not acceptable metal accessory building. • Call more attention to how the director may not allow side setback encroachments for detached garages where it may be a hazardous situation (illustration?) (page 33) • Don't use hanging out on the right of way. Inappropriate. o ((OV'lh ~6vu sf4ac(< het If,/, 11 '4rd.F-Y-ec( Page 1 of 3 From: Kenneth Johnstone Sent: Tuesday, March 31, 2009 3:26 PM To: Jeff Hirt Cc: Meredith Reckert; Adam Tietz Subject: RE: Classifying Accessory Structures After reviewing your comments, I tend to like Option 2, which puts everything in a "box". By defining a detached garage as a major by definition, we avoid the option for people putting a door on it to get around the shed height limit by placing a garage door on a large shed. We regulate the bulk impacts on adjacent properties based on size and height, which is the direction that PC seemed to support. I welcome additional discussion. Ken Johnstone, MCP Community Development Director Wheat Ridge, Colorado 80033 Office. Phone: 303-235-2844 From: Jeff Hirt Sent: Thursday, March 26, 2009 10:55 AM To: Adam Tietz; Meredith Reckert; Kenneth Johnstone Subject: Classifying Accessory Structures In drafting the revised residential development standards in ordinance form following up from our PC study sessions, I've come across an issue with our approach that I would like to get some feedback on. This may need more discussion at a meeting, or if you read below we may be able to arrive at a conclusion for how to proceed. I know its a lot of information but it's a more complex issue than I thought. Whenever you all have time to look at this and provide feedback so we can get the ordinance drafted that would be much appreciated. The issue at hand is how to treat accessory structures. If you'll recall, we decided to take the approach of classifying major vs. minor accessory structures, where major would have the same standards as detached garages (square footage, height, setbacks) and minor would have the same standards as a shed. In sitting down and actually drafting the ordinance, some flaws were revealed with this approach that are outlined below. The way I see it in order to implement this, there are two options that are also spelled out below. Issue Summary • The intent of the major/minor classifications was to regulate the structures based on their size - in other words larger structures would have greater setbacks. There was a consensus from PC not to further regulate/classify them by use (barn vs. shed vs. garage, etc.) as a basis for being considered major/minor. We had talked about saying that if the structure was over a certain size it was major regardless, but if it was under this size and a barn or greenhouse or work studio for example, it would be major regardless. This would allow more flexibility to fit all types of accessory structures into a "box" - meaning gazebos, greenhouses, barns, etc. that are not currently addressed and we either have to call them sheds or garages. • The issue is that under the proposed standards, in most districts major and minor accessory structures would have the same setbacks. The difference is in size. A major could go up to 15' or 1,000 square feet for example in the R-2 district, while a minor would be 10' or 400 square feet maximum. But they would have the same setbacks. • So unless we specifically define the structures based on use, there is nothing to stop someone from saying they want a 15' tall shed 1,000 square feet, 5' from side/rear property lines in most districts. I don't believe we want this to happen. • Further, there was a consensus that detached garages should have slightly different standards because of file://U:\Code Amendments\Drafting\Short Term\Residential Development Standards\RE... 04/23/2009 Page 2 of 3 the driveway depth issue. We talked about allowing the detached garage to be behind the front fagade of the principal structure along a street where there are existing encroachments, but not to the point where cars would be hanging out on the right-of-way. The consensus was to somehow draft a provision that allows detached garage setbacks to encroach either 18' or more, or in the range of 5' - with no in between. The purpose is to either allow depth for cars to park there or not at all. For example, with a 10' setback someone would try to park a car there and we'd be contributing to the problem where there is not enough depth. I have not found any examples of this, including in Denver where I had a discussion with a planner there. So the issue is this - it seems we need to have different standards for three types of accessory structures - major, minor, and detached garages. With this, I can suggest two options for the ordinance and of course I'm open to any ideas. Option 1: • Have three distinct categories of accessory buildings - major, minor, and detached garages. • Draft a new accessory buildings section (to be inserted into the supplemental regulations) that is referenced throughout the zone districts that contains all of the details of major/minor/detached garages, etc. Most communities I've looked at do it this way. • Define major as barns, stables, anything for the keeping of animals, greenhouses, and any other major structures we can think of - excluding detached garages which would be separate. • Define minor as sheds, gazebos, playhouses, cabanas, and anything else we can think of. • We would have to carefully define the difference between a shed and some of the major categories so people would not be able to simply call it a barn for example to get more square footage. • Major would be allowed up to 15' and a larger square footage, with increased setbacks in some districts (but the same setbacks in others) • Minor would be allowed up to 10' and a smaller square footage, generally with 5' side/rear setbacks regardless • Detached garages would generally have the same standards as the major category, but the new accessory building section would be referenced that would provide allowances for encroachments and set forth the standards to prevent driveway depth issues. Option 2: • Have two categories of accessory buildings - major and minor. • Detached garages would be considered major, along with all of the other uses noted above (barns, greenhouses, etc.) • The same standards from option one would apply for major vs. minor - but there would just be a footnote in the districts that there may be additional standards for detached garages that would be set forth in the separate accessory buildings section. Option 3: • Have two categories of accessory buildings - detached garages and minor. • Draft a new accessory buildings section (to be inserted into the supplemental regulations) that is referenced throughout the zone districts that contains all of the details of detached garages/minor, etc. Most communities I've looked at do it this way. • Essentially anything but a garage would be considered a minor accessory structure - this would include barns, stables, greenhouses, gazebos, etc. • Detached garages would be allowed up to 15' and a larger square footage, with increased setbacks in some districts (but the same setbacks in others). The issues of allowed encroachments and driveway depths would be addressed in the accessory building section. • Minor would be allowed up to 10' and a smaller square footage, generally with 5' side/rear setbacks regardless. There are definitely pros/cons to each of the approaches. Based on comparable jurisdictions there seem to be two approaches with two extremes - either the simple approach of treating all accessory buildings the same or file://U:\Code Amendments\Drafting\Short Term\Residential Development Standards\RE... 04/23/2009 Page 3 of 3 doing it the way we do it now (sheds and garages only) OR fairly complicated standards specific to the varying types of accessory structures that is more in depth. Options 1 and 2 do a good job of fitting everything into a box as long as we have clear definitions. But, I could see a lot of people trying to get around the definition and having lots of interpretations. And its more complex. Option 3 is a more simple approach and would be easier to understand and administer. But, it provides limited flexibility for anything but a garage - in other words if someone wanted a greenhouse, a work studio, etc. they would be pretty limited in size. I could see the same issue we have now repeating itself - someone wants more square footage so they put a garage door on it even though its not functioning as a garage. at do people think about these three. options and are there any other suggestions for dealing with these? Jeff [dirt Planner 11 7500 W. 29th Avenue WheatRidee. Colorado 90033 Office Phone: 303-235-2949 Fax: 303-234-29:17 - www.cl.wheatnd e.cqus 0 CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this conununicalion is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the m'iginal message, and delete the original message train you' computer, and any network to which your computer is connected. Thank you. file://U:\Code Amendments\Drafting\Short Term\Residential Development Standards\RE... 04/23/2009 Page 1 of 1 Jeff Hirt From: Jeff Hirt Sent: Monday, March 23, 2009 11:29 AM To: Kenneth Johnstone; Meredith Reckert Cc: Adam Tietz Subject: Residential Development Standards Outreach, Next Steps Ken/Mere: To follow up from our Planning Commission meeting regarding the zoning code amendments (residential development standards specifically) and public outreach - they were in favor of staff's recommended approach. I'm sending a similar email to this one to Heather also, but this one is for the planners. Basically, here is the approach that I was thinking. Its not as quick as I would like, but given the timing of the Connections article it seems appropriate. Let me know if you have any questions/concerns or any additional ideas. 1. Draft article for April/May/June Connections (deadline 4/27) - goes out week of 5/25 or 6/1 2. Post project/proposed dates (as they get finalized) on website and directly notify attendees of open houses for zoning code amendments project. 3. Schedule Planning Commission public hearing on ordinance for 5/7. We could schedule it for 4/16 to keep the momentum, but this would leave a pretty big lag time between PC and CC if we are waiting on feedback from the Connections article to proceed with City Council. 4. Schedule for CC first reading 6/8, with second reading 6/22. Again, we could move a little quicker, but the consensus seems to be to wait for the results from the Connections and this goes out as late as the week of 6/1. We could push the first reading to 6/22 also given the Connections timing. 5. If there is significant comment received with the Connections article, possibly postpone the CC meetings and initiate more outreach. Also, as we move forward with the parking regulations and the mixed use district we may want to try to get some information on these projects in the April/May/June Connections issue. I'm going to work on getting meetings and timelines scheduled for both of these to keep them moving forward. Let me know if you have any questions/concerns. Jeff' 11 il-t Planner tI 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2849 Fax: +03-234-2857 vvwNr ci.kvheitrdrye cu.ug. ❑x CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic strange or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message Itom your computer, and any network to which your computer is connected l'hank you. 03/23/2009 There was no one to address the Commission at this time. STUDY SESSION A. Follow-up on Development Standards for Residential Zones Jeff Hirt reviewed the staff report which was a follow-up from the study session held on March 5, 2009 regarding residential development standards. The report contained staff recommendations resulting from study session feedback. Public Outreach for Residential Standards - Staff recommended scheduling a Planning Commission public hearing in late April or early May. Those who signed up for the 2008 open houses for zoning code amendments would be directly notified in addition to a newspaper notice. An article would be prepared for the Wheat Ridge Connections that would outline the proposed changes and any future public hearings on the ordinance. The Connections would be mailed out the week of May 25 or June 1. Based on feedback from that publication, staff would proceed accordingly with either a first reading before City Council or additional public outreach. Information would continue to be provided on the city website during the entire process. Commissioner REINHART agreed with staff s recommendation, commenting that he believed the public hearing process mandated by ordinance is adequate. Commissioner TIMMS stated that he would prefer to have the information appear in the Connections publication prior to a Planning Commission hearing on the ordinance. Commissioner CHILVERS commented that he would like to see the process move quickly. All of the information is presently on the website under the Community Development Department. Suggestions were made that the information be moved from the Community Development section of the website to the City's front page; the website presentation could include some of the photographs that were presented during the study session; and perhaps an article could be written in the mayor's newsletter concerning the proposed ordinance. There was a consensus (5-1 with Commissioner TIMMS opposed) to support staff s recommendations for public outreach. • Classifying Accessory Structures - Based on feedback from the study session, staff recommended grouping accessory structures into two categories, major and minor, with major structures having the same standards as detached garages and minor structures having the same standards as sheds. Planning Commission Minutes 2 March 19, 2009 There was discussion as to whether the structures should be further defined by use. Commissioner HOLLENDER commented that too much definition would make the process cumbersome, and it would probably be best to base the definitions upon size and let building codes regulate the use. There was consensus (6-0) to support staff's recommendations to regulate major/minor accessory buildings based on size and not use. • Accessory structure behind front fagade of principal structure. Based on discussion at the March 5 study session, staff made the following recommendations: For front and side setbacks from the street on corner lots, detached garages would be the same as front/street setback for principal structure. If there is an existing setback encroachment, the detached garage must be behind the street-facing fagade of the principal building but not less than 18'. For the R-IC district which has typically smaller lots, the setback would be 18' and accessory structures must be behind the street-facing fagade of the principal structure where there are encroachments. For front and side setbacks from the street for corner lots, all other accessory structures would be the same as front/street setbacks for principal structures. If there is an existing setback encroachment, the accessory structure must behind the street-facing fagade of the principal. building. For front setbacks in the R-1 C district, accessory structures must be behind the street-facing fagade of the principal structure regardless. Commissioner REINHART discussed setbacks for garages and suggested that a garage could be close enough to the street that there would be no room for a car to park in front of the structure or the garage should be set back far enough to accommodate a parked vehicle. There was consensus to support staffs recommendations with language suggested by Commissioner REINHART that would allow some flexibility with driveway depths. B. Discussion of Off-Street Parking Requirements: Jeff Hirt presented this matter. Staff is in the process of drafting revised parking regulations to provide more flexibility for the city's many infill lots that may not meet current standards. Two options for a shared parking formula are being considered and outlined in the staff report. Commissioner MATTHEWS suggested that shared parking should be on the same side of the street. Planning Commission Minutes 3 March 19, 2009 3.19.09 PC Study Session Notes Public outreach & residential development standards • Consensus (except for Timms) to move forward with recommended approach. Timms wanted article first then PC hearing • Need to make it more visible on the website with status • Use Mayor's newsletter as forum before first PC public hearing • What about an article in the transcript? No... b/c they may not communicate what we are doing accurately • Schedule PC public hearing (w/ mailings to attendees of open house, on front page of website, and mayor's newsletter?), then write connections article with any dates. Accessory buildings - maior vs. minor • All ok with approach • Agreement that we should go by size and not use Accessory building setbacks • All ok with staff approach, but adding in language that garages may be closer where there are encroachments, but either 5' or over 18' so there are not vehicles hanging on to ROW issues Parkin • Henry asked if we were looking at reducing the ratios for the uses - we looked at it but we're generally consistent with surrounding jurisdictions • Dick does not feel that shared parking should include lots where patrons have to cross streets to get to the business • Henry unclear about why we should allow increased parking with increased landscaping - the two are not related • All agreed that second approach for shared parking better, even though its slightly more complicated s~AI City of Wheatdge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission It 0 rAtc - v~ i ak n~(1 iG~ ~~cl<- rl~wtdwt- 4e THROUGH: Ken Johnstone, Community Development Director FROM: Jeff Hirt, Planner II DATE: March 13, 2009 (for March 19 study session) ~<v6sr k~ sue' I~au~"~ dtavc~~rN. ue✓~, -Noy ak w( S-D SUBJECT: Residential Development Standards, Parking, and Public Outreach The purpose of this memo is to follow up from the study session held on March 5, 2009 regarding residential development standards and to provide general information on staff's recommendations for revised parking regulations. More specifically, this memo discusses staff's recommended approach for public outreach, revised residential development standards based on the study session feedback, and parking revisions proposed. Throughout this document where Planning Commission policy direction is requested from staff it is noted. Public Outreach for Residential Development Standards Planning Commission and the Board of Adjustment had mixed opinions as to the preferred approach for public outreach on this item. There were some suggestions of in depth outreach with multiple open houses and public meetings, while some felt the typical public hearings for the ordinances would be sufficient. Based on this, staff recommends the following as a "middle ground" between these two approaches: • Once the drafts are revised and ready, schedule the Planning Commission public hearing on the ordinance with a target date in late April or early May. All those who signed up for the August and September 2008 open houses for the zoning code amendments project will be directly notified, as well as the notice in the newspaper. • Prepare an article for the Wheat Ridge Connections (mailed to every household in the city) April/May/June issue that outlines the proposed changes, and a scheduled city council date(s) to be determined as we proceed. This issue is mailed out the week of either May 25 or June 1. The deadline to get an article in this issue is April 27"'. • Based on any feedback received from this publication, proceed with first readings before City Council, or possibly have some type of public meeting to better inform the community of the project if the interest is there. • Throughout this process, information will continue to be provided on the city website regarding this process. Short Term Code Amendments 3119108 Recommended Changes for Residential Development Standards based on 3/5/09 Study Session There were a few outstanding issues that needed further clarification before the proposed changes can be in ordinance form. A few of the changes are straight forward within the individual zone districts, while others needed further discussion, particularly with regards to accessory structures and front/street setbacks. Classifying Accessory Structures There was some interest expressed at the study session to better classify accessory structures to account for all types - not only detached garages and sheds, but also greenhouses, barns, gazebos, studios, etc. The issue came up that the current code only accounts for sheds and garages, each with different standards for maximum size, height, and setbacks. Staff and applicants often have a difficult time fitting other types of accessory structures into these categories. Based on this, staff recommends the following: • Grouping accessory structures into two categories - major and minor • Major accessory structures would have the same standards for detached garages as proposed at the March 5 study session (included in the memo for that meeting). • Minor accessory structures would have the same standards for sheds as proposed at the March 5 study session (included in the memo for that meeting). • Staff would like some additional feedback from Planning Commission as to how to Direction define a major accessory structure. Staff is recommending the following: Reouested o First, based on size- if the structure is over 10' in height, and up to a maximum square footage similar to a detached garage from the current code it would be considered a major accessory structure. • The question comes up as to whether we should further define them by use - that is if the accessory structure is less than 10' in height or under the square footage for being categorized as major but of a specific use. What if the structure is a work studio, barn, greenhouse, etc. Do we want to classify these as major given that there would potentially be human occupancy or other impacts? Or do we want to rely simply on size? Accessory structures behind front fa a de of principle structure This issue came up and there was much discussion as to the preferred approach. No consensus was reached, but staff informed the Planning Commission and Board of Adjustment that they would look into it further and propose changes. Based on the discussion at the meeting, there were the following concerns about the approach of having a front/comer lot setback for an accessory structure being simply behind the front fagade of the principal structure where it abuts a public street or is in a front yard setback: If the existing principal structure is set significantly back from the street, this requirement may have limitations on placing an accessory structure on a lot. For example, if the house is setback 50' from the street on a corner lot, the accessory structure must be 50' back or more from the property line under the proposed standards. This may be beneficial in preventing a shed or garage to be built in front of a house, but it may restrict the ability to have an accessory structure. If the principal structure is closer to the street, this may not leave adequate depth for a driveway to have a parked car without it interfering with the public right-of-way for Short Term Code Amendments 3/19/08 detached garages. 18' is a typical minimum driveway depth staff prefers to allow a parked car, while there may be many structures closer to the street than this under the proposed regulation where there are existing setback encroachments. Staff Recommendations In order to address some of the above issues and provide flexibility for property owners while minimizing any new setback encroachments staff recommends the following. Front and Side Setbacks from Street for Corner Lots, Detached Garages: t o Same as fronUstreet setback for principal structure (ranging from 30' to 20' by district), OR o If there is an existing setback encroachment, the accessory structure must be behind the street-facing fagade of the principal building but not less than 18'. o For the R-1C zone district: • 18' regardless in the R-1C zone district for side setbacks from the street (typically smaller lots) 2 • For front setbacks in the R-1C district, the accessory structure must be must be behind the street facing fagade of the principal structure regardless 3 • Front and Side Setbacks from Street for Corner Lots, All Other Accessory Structures: o Same as front/street setback for principal structure (ranging from 30' to 20' by district), or o If there is an existing setback encroachment, the accessory structure must be behind the street-facing fagade of the principal building 4 o For front setbacks in the R-1C district, the accessory structure must be must be behind the street facing fagade of the principal structure regardless t NOTE: The rationale behind these proposed changes is to provide flexibility for placement of detached garages where there are existing setback encroachments from the principle structure into the side setback adjacent to a street - and where there are not these encroachments the accessory structure is treated the same as the principle structure. The "not less than 18"' provision is intended to address concerns that driveway depths may be too shallow along streets to where any parked cars would be in conflict with the public right-of-way. Requiring a straight 18' setback in the R-1C district would allow more flexibility with the smaller lots typical of this district. 2 QUESTION: Is Planning Commission in favor of allowing even more reduced setbacks in the R-1C district where there are existing encroachments? If we allow less than 18', there is the potential for cars to overhang onto the Direction right-of-way, but the lots are also typically only 50' wide, which leaves less room for usable backyard space the Reuuested more setbacks are required. s QUESTION: There could be a potential issue with this where properties in the R-1C district have substantial front setbacks adjacent to alleys, which would prevent a property owner from being able to build a detached garages in many of these situations. Does Planning Commission want to rely on the variance process if these situations come up and stay with the philosophy of keeping new detached garages behind houses in R-1C, or should we provide the same flexibility in R-1C as in other districts? a NOTE: Staff recommends allowing further potential encroachment into setbacks where the existing principal structure already encroaches for other non-detached garage accessory structures. The rationale behind this is that only detached garages need a minimum driveway width to accommodate a vehicle, whereas other types of structures do not have this issue. If the impact of the principal structure is already there, it is staff's opinion that a new structure may build in line with the encroachment regardless as long as it is not a garage. Short Term Code Amendments 3/19/08 District-Specific Revisions In addition to the above comments that apply across multiple zone districts, the following district-specific changes will be made to what was presented at the March 5 study session. Residential One A (R-]A) Staff will revise the side/rear setbacks for accessory structures to be 5' if the structure is < 10' in height, and 10' if > 10' in height. Residential One B (R-IB) Allow a 5' side and rear setback for all accessory structures, whereas staff presented a 5' side setback and 10' rear setback. This revision is the case in all residential zone districts except R-1 and R- IA. Residential Three (R-3), Residential Three A (R-3A) Standards between these two districts need to match with regards to setbacks. Short Term Code Amendments 3/19/08 Proposed Parking Revisions Staff has also begun drafting revised parking regulations (Section 26-501) as part of the short term zoning code amendments. At the Planning Commission's July 17, 2008 study session, staff outlined the recommended approach that included the following, with the general intent of providing more flexibility for the city's many infill lots that may not meet current standards. • Generally, more flexibility for challenging parking situations, particularly for infill lots • Allowances for parking reductions • Improved shared parking provisions • Mandatory and incentivized bicycle parking • Improved organization and user-friendliness Before refining this draft and possibly bringing it forward to Planning Commission in ordinance form, staff would like to inform the commission in more detail of some the recommendations and receive feedback on preferred next steps. Additionally, if any members of the commission have ideas for inclusion in the parking standards staff would certainly like to hear them. Several of the more significant policy changes proposed with this ordinance are outlined below. Shared Parkine There are some general shared parking provisions in the current code (Sec. 26-501.C.4), but staff is recommending more detailed standards. More specifically: • The current code simply states that shared parking may be utilized within 300 feet of the building to meet the required number of parking spaces for a use. • Staff is recommending specifying a calculation for shared parking based on a table or formula - both for property(s) under common ownership with mixed uses and across properties with different ownership. • This formula would be similar to what is used in the Architectural and Site Design Manual (page 23), that may include some modifications. • The intent of using this formula is to account for different land uses that may have different parking demand characteristics at different times (e.g., parking demand for a bank versus a movie theater at different times). Staff has presented two options below. • Option 1 is a more straight forward approach with fewer land use categories. • Option 2 is a more complicated calculation, but it does account for more land uses and specific times of day with different parking characteristics. Direction • Examples of the two approaches staff is evaluating is provided below in a hypothetical Reouested scenario. Staff would like to receive some feedback as to the preferred approach of these two options. Short Term Code Amendments 3119108 PROPOSED SHARED PARKING REGULATIONS, OPTION 1 Shared Parking Standards a. Calculation [option 1] 5 The number of shared parking spaces for two or more distinguishable land uses may be determined by using the following procedure: i. Step 1: Calculate the number of parking spaces required for each individual land use as set forth in Table (Schedule of Off Street Parking) ii. Step 2: Divide the total number of required parking spaces by the appropriate factor in the shared parking matrix (Table below). Lan d Use Table Residential - : Shared Parking Lodging Matrix Office Retail Residential < 1 1.1 1.4 1.2 Lodging- 1.1 1 1.7 1.3 Office 1.4 1.7 1 1.2 Retail 1.2 1.3 1.2 1 Example 1 of S hared Parking Calculation, Option Use " Current Shared Packing Proposed Shared Parking (Option 1) Retail 50 spaces required 50 spaces required (1 space/200 square feet) Restaurant 40 spaces required 40 spaces required (1 space/75 square feet) Office (Second 17 spaces required 17 spaces required floor, 1 space/300 square feet) Total 107 spaces required (107 divided by shared factor of Required 1.2, with restaurant categorized as retail) = 89 spaces required Example 2 of S hared Parking Calculation, Option Use I Current Shared Parking Proposed Shared Parking (Option 1) Retail 50 spaces required 50 spaces required (1 space/200 square feet) Residential (2 22 spaces required 22 spaces required spaces/2 bedroom unit) 'NOTE: The following is taken from page 23 of the Architectural and Site Design Manual, slightly reorganized for clarity. 6 Short Term Code Amendments 3/19/08 Example 2 i S hared Parking Calculation, Option 1 Use Current Shared Parking Proposed Shared Parking (Option 1) Restaurant 67 spaces required 50 spaces required (1 space/75 square feet) Office (Second 33 spaces required 50 spaces required floor, 1 space/300 square feet) Total 172 spaces required (172 divided by shared factor of Required 1.2, with restaurant categorized as retail) =143 spaces required Under example 2 above with multiple uses, the shared parking factor producing the highest number is used; therefore the Residential/Retail category is used with a shared parking factor of 1.2. Short Term Code Amendments 3/19/08 PROPOSED SHARED PARKING REGULATIONS, OPTION 2 b. Calculation [option 2] 6 The number of shared parking spaces for two or more distinguishable land uses shall be determined by using the following procedure: i. Step 1: Calculate the number of parking spaces required for each individual land use as set forth in Table (Schedule of Off Street Parking) ii. Step 2: Multiply the required number of parking spaces from Step 1 by the percentages in each of the six time periods in Table below. iii. Step 3: For each time period, add the number of spaces required for all applicable land uses to obtain a total for each of the six time periods. iv. Step 4: Select the time period with the highest total parking requirement and use that the total as the shared parking requirement. TABLE : Shared Parking Uses Matrix M-F Sam 5pm M-F 6pm- 12am M-F 12am- Gam Sat. & Sun. Sam-Spm;` Sat. & Sun. 6pm•12am Sat. & Sun. 12am-ham Residential " 60% 100% 100% 80% 100% 100% Office/ Warehouse /Industrial 100% 20% 5% 5% 5% 5% Commercial 90% 80% 5% 100% 70% 5% Hotel 70% 100% 100% 70% 100% 100% Restaurant 70% 100% 10% 1 70% 100% 20% Movie Theater 40% 80% 10% 80% 100% 10% Entertainment 40% 100% 10% 80% 100% 50% Conference/Convention 100% 100% 5% 100% 100% 5% Institutional (non-church) 100% 20% 5% 10% 10% 5% Institutional (church) 10% 5% 5% 100% 50% 5% Example I of S Calculation, hared Parkin.- Option 2 Use Current Shared Parking Proposed Shared Parking (Option 2) Retail 50 spaces required 50 spaces required (1 space/200 square feet) Restaurant 40 spaces required 40 spaces required (1 space/75 square feet) Office (Second 17 spaces required 17 spaces required floor, 1 s ace/300 6 NOTE: The following is another option for shared parking that takes into account times of day in calculating parking demand. Short Term Code Amendments 3119108 Example I of S hared Parking Option Use Current Shared Parking Proposed Shared Parking (Option 2) square feet) Total 107 spaces required 90 spaces required Required (calculation done in table below) Under option 2, the individual land uses are calculated based on specific times of day, and the timeframe with the most parking demand is used as the standard. The 8am - 5pm timeframe has the most demand at 90 spaces (see below), therefore this is the standard. Short Term Code Amendments 3/19/08 Example 2 of S hared Parking Calculation, Option 2 Use I Current Shared Parking Proposed Shared Parking (Option 2) Retail 50 spaces required 50 spaces required (1 space/200 square feet) Residential (2 22 spaces required 22 spaces required spaces/2 bedroom unit) Restaurant 67 spaces required 67 spaces required (1 space/75 square feet) Office (Second 33 spaces required 33 spaces required floor, 1 space/300 square feet) Total 172 spaces required 138 spaces required Required (calculation done in table below) Under option 2, the individual land uses are calculated based on specific times of day, and the timeframe with the most parking demand is used as the standard. The 8am - 5pm timeframe has the most demand at 138 spaces, therefore this is the standard. Example 2 • Option Uses M-F M-F M-F Sat. & Sun. Sat. & Sun. Sat. & Sun. Sam-5pm 6pm- 12am- s8am-Spm' 6pm-12am `12am Gam 12am Gam Residential 22 22 18 22 22 Office/ Warehouse' 7 2 2 2 2 /Industrial Commercial 40 jjL 3 50 35 3 Restaurant 67 7 47 67 13 TOTAL' 136 34 117 126 40 10 Short Term Code Amendments 3/19/08 Parking Reductions Staff is also recommending some "by right" parking reductions in some situations. Some options being considered include: • Vehicular parking reductions proportionately for bicycle parking provided • Reduction allowances in proximity to transit • Reductions with proportionate increases in landscaping Bicycle Parking Staff is recommending bicycle parking standards as set forth below. Bicycle parking is a relatively low cost requirement that many surrounding jurisdictions mandate. Staff will also evaluate best practices on any allowances for scooter and motorcycle parking. Mandatory bicycle parking near existing or proposed bicycle facilities per the city's Bicycle and Pedestrian Master Plan, in proximity to transit, and for most nonresidential uses (with some exemptions) Incentives for providing bicycle parking where not mandatory (reduced vehicular parking allowances) Stacking Requirements s Staff is recommending more detailed vehicle stacking requirements for drive-thru land uses, whereas the current code gives little guidance for these situations. Currently, there is a requirement for 6 stacking spaces per window for a drive-thru, regardless of the type of drive through (restaurant, bank, liquor store). Staff is proposing different stacking requirements by land use. Next Steps Residential Development Standards Staff will schedule the necessary meetings based on feedback received from the Planning Commission at this study session. This will either come in the form of a public meeting, or the public hearing on the proposed ordinance as outlined on page 1 above. Parking Staff will continue drafting the revised parking section, and include any recommendations and feedback received from the Planning Commission at this study session. This section contains a lot of substantive and policy changes, so it will take more time to refine the draft before it is ready for a public hearing. Also, staff would like to get some feedback as to any public outreach NOTE: One typical inverted U type bicycle parking space is $75-$100 according to the Wisconsin Bicycling Federation. e NOTE: A stacking space is an area for motor vehicles to line up in while waiting to go through a drive-through facility, or within a designed drop-off or pick-up zone. 11 Short Term Code Amendments 3/19/08 for revised parking standards. Generally, the proposed standards are geared more towards flexibility rather than mandating additional parking standards. With this, it would appear opposition/concern would be minimal but its difficult to determine. Some degree of public outreach may also inform the business community that these tools are now available with regards to parking, whereas this has presented an obstacle for many nonresidential properties in the past. Short Term Zoning Code Amendments Status The following lists the short term zoning code amendments that have been discussed with City Council and Planning Commission as well as the current status of each. Section 1. Floodplain administrator duties S • tatus New ordinance approved by City Council on 2/23/09 2. Zoning district boundary discrepancies • New ordinance approved by City Council on 2/23/09 3. Planned development amendments • New ordinance approved by City Council on 3/9/09 4. City-initiated zone changes • New ordinance approved by City Council on 3/9/09 5. Residential density in planned • Recommended for approval by Planning developments Commission on 2/5/09 • First reading held on 3/9/09 before City Council • Scheduled for second reading on 4/13/09 before City Council 6. Residential development standards • Initially focused on front setbacks, now taking comprehensive approach to all residential development standards • Study session (Planning Commission & Board of Adjustment) held on 3/5/09 7. Parking regulations • Staff has completed working draft • Revisions needed, review by city attorney needed • Need direction from Planning Commission as to any public outreach and preferred next steps 8. New mixed use zone district • Staff has begun preliminary research and analysis 9. Extended stay lodging • Discussed at study sessions with the conclusion that outreach to the hotel/motel community is the referred approach 10. Assembly of R-3 land for development No drafts yet 11. Residential group homes No drafts et 9 NOTE: This proposed amendment was originally not on this short term list, but staff has received direction to move forward with this amendment. 12 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner DWYER and seconded by Commissioner CHILVERS to approve the order of the agenda. The motion passed 8-0. 5. APPROVAL OF MINUTES - February 19, 2009 It was moved by Commissioner TIMMS and seconded by Commissioner CHILVERS to approve the minutes of February 19, 2009 as presented. The motion passed 5-0 with Commissioners REINHART, DIETRICK and HOLLENDER abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to address the Commission at this time. 7. STUDY SESSION WITH BOARD OF ADJUSTMENT A. Development Standards for Residential Zones At Commission's direction, staff made recommendations after evaluating residential development standards. Residential development standards are one item on the list of short-term zoning code amendments. Jeff Hirt presented staff s recommendations as contained in the staff report. There was discussion about reducing side yard setbacks in the R-1 zone district, however the majority opinion was to leave the R-1 standards as they are. There was consensus that in the R-lA district, there should be no distinction between garages and sheds for setback standards, and a five-foot side setback if the building is ten feet or less in height. Staff will take into consideration comments received and re-evaluate the suggested requirement that detached garages and storage sheds must be located behind the front facade of the principal structure. Comments were made that the recommended changes would allow larger structures to be built in the R-1 C district. Staff will take another look at the recommendations. There was consensus to leave the standards as presented in the R-2 district. The possibility of separate ownership for duplexes was discussed. Staff will look into the factors involved. There was consensus that as building height for duplexes increases, setbacks should also increase. There was consensus to leave R-2A recommendations as presented. Planning Commission Minutes 2 March 5, 2009 There was consensus that height to setback requirements should be consistent between the R-3 and R-3A districts. An issue to be reviewed at some time in the future is whether or not R-3 lots could be combined for multi-family development. The possible use of bulk plane regulations was discussed. There was comment that this is something that might be considered with larger developments. Building heights for principal and accessory structures were discussed. No changes were agreed to. There was discussion about whether or not to combine accessory structures as one use whether they be garages, sheds, gazebo's, etc. Staff will consider comments and evaluate this possibility further. Processes for public comment and involvement concerning proposed zoning code changes were discussed. Staff will consider comments and bring back a plan for L public outreach. 8. OTHER ITEMS A. Joint Study Session with City Council - April 6, 2009 9. ADJOURNMENT It was moved by Commissioner CHILVERS and seconded by Commissioner DWYER to adjourn the meeting at 10:21 p.m. Anne Brinkman, Chair Ann Lazzeri, Secretary Planning Commission Minutes 3 March 5, 2009 March 5, 2009 Planning Commission/Board of Adjustment Study Session Residential development standards General comments • The increase in costs for applying for variances has a significant factor in affecting the number of variances - this wasn't accounted for in the research in the memo presented to them. • Many felt that there should be design standards in place for SF/duplexes. Some felt that we should restrict garage dominant design - but the conclusion was at this time this may be overly restrictive for the market. What about when the market starts to turn towards scrape offs? We should be ready for this when it happens so our residential neighborhoods don't get screwed up. • Not all agreed on the recommendation of having accessory buildings behind the front facade of the principle structure for front/street setbacks. All agree that corner lots present challenges that need special provisions - but we need to take a closer look at this standard. What about driveway length and cars hanging onto the right-of-way? We could say behind the facade, but not less than X. If we go with the "behind front facade" approach, we need to better specify what the front facade is for corner lots where it is more the side facade than the front. • The group was interesting in possibly grouping all accessory structures into one category and regulating as such. At least looking into better addressing other types of accessory structures such as greenhouses, studios, barns, etc. Now, to get more square footage you have to call it a garage - which means put a garage door on it. Maybe we say if over X square feet we call it a garage, or have some method of differentiating to better accommodate the different types. • Public outreach - mixed. Some felt the normal process would work - no open houses, etc. Maybe a newsletter article and info on the website - then the normal public hearings as a venue to discuss. Others (Janet Bell mostly) felt a series of open houses and workshops would be beneficial. We need to find a common ground between these two approaches. Its seems unlikely that much interest would be generated from these meetings and it may not be useful to further delay this process. The conclusion was, maybe do one meeting to gauge the response and use that to move forward. If no interest - move forward with ordinances. If a lot, maybe have follow up meetings. • What about allowances for solar panels on buildings? Do we allow them to extend above the maximum height? What about if they are an integral part of the structure? Can we provide some incentives to allow this? • We need to look at revising the policy to better encourage duplex splits as a means to encourage home ownership. Now, it isn't clearly addressed as far as platting, etc. Look at other cities and what they do to get around the platting, setbacks, utilities, etc. issues. • All agreed to keep the setbacks based on building height for duplex and multifamily. • Most agreed bulk plane may be beneficial - but now is probably not the right time to implement such a thing - complicated to administer, for an applicant to show compliance with, etc. R-1 • What about funky shaped lots? Is there a way to provide relief for irregular shaped lots that have minimal room with 15' & 30 setbacks? • Should we be taking into account topography in providing any relief as well? • Initially the group was in support of reduced setbacks (which staff did not recommend), then they agreed that we should leave the R-1 district alone - no changes to this district at this time was the consensus. )v (G, R-IA • Can we allow more encroachment for detached garages if they are perpendicular to the street/front lot line? • For detached garages (side/rear setbacks) - lets have it 5' if < 10' in height, rather than the 8' height provision. Across the board? Not necessarily... see notes. R-1B • All agree with staff recommendations - with the exception of. • Allow a 5' rear setback for detached garages consistent with the recommended side setback R-2 • Need to match 5' per story for side and rear setbacks for duplexes? R-3/R-3A Need consistency with side setbacks between these two - why are they different? They should be the same. Prc k s eV, 3 +qod. ~d~ (fSVP; t-ti4U~:>✓ ovl~~~~ 0cvs~ ~ 5 t '(0 {a VILA ca .a. s-F c. f.,- ~ L 7 w1 } l a/k . - VC' ' t S See v ~ (J 0Q GLpf jivl Gq v[er7"1 A 5 if ~~l f yu t;~ c~ O VI A &I f ((A dA ,C- w t^ f . G1"21- 54L J ro ) (1U }~v) 4 City of WheatRAc COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission and Board of Adjustment THROUGH: Ken Johnstone, Community Development Director Meredith Reckert, Senior Planner FROM: Jeff Hirt, Planner DATE: February 26, 2009 SUBJECT: March 5 Residential Development Standards Study Session One of the proposed short term zoning code amendments was the revisions to front setbacks in residential zone districts. At the December 8, 2008 Planning Commission public hearing, a consensus was reached that all residential development standards - not just front setbacks - should be evaluated and staff should propose recommendations for changes. Staff has scheduled this study session to evaluate the issue and obtain feedback to move forward with these changes. Additionally, staff suggested that it would be beneficial for the Board of Adjustment to attend this study session, as the majority of the cases they hear deal with residential development standards. Planning Commission concurred. The purpose of this memo is to provide the Planning Commission and Board of Adjustment with background on the issue and present recommendations to discuss as part of this study session. Based on the outcome of this meeting, staff will be bringing forward proposed ordinances for Planning Commission's review. The structure of this memo is as follows: 1. Executive Summary 2. Background/History - 2003 Residential Development Standards Amendments 3. Related Variance Case History 4. Comparable Jurisdiction Summary 5. Staff Recommendations Executive Summary Residential development standards are one of the most significant factors in shaping the built environment in Wheat Ridge's residential neighborhoods. The residential development standards being evaluated as part of this zoning code amendment include the following for both principle and accessory buildings: • Maximum Height • Maximum Building Coverage • Minimum Front Yard Setback • Minimum Side Yard Setback • Minimum Rear Yard Setback The city's residential straight zone districts are as follows, with development standards set forth in Sections 26-205 through 26-212 of the Code of Laws: 1. Residential-One District (R-1) 2. Residential-One A District (R-lA) 3. Residential-One B District (R-1B) 4. Residential-One C District (R-IC) 5. Residential-Two District (R-2) 6. Residential-Two A District (R-2A) 7. Residential-Three District (R-3) 8. Residential-Three A District (R-3A) Neighborhood Revitalization Strategy The adopted Neighborhood Revitalization Strategy clearly outlines the need to update the zoning code to encourage improvements to existing residential properties to attract "strong" households. There are a number of obstacles in the current zoning code related to residential development standards to encourage desirable residential development and redevelopment in the current code: Wheat Ridge has, on average, significantly smaller homes than surrounding communities and the county as a whole.' With this, there is a demand for expansions to existing homes, which often includes additions and detached garages. For instance, the majority of the homes built in Wheat Ridge were not originally built with two car garages, a commonly demanded item in the current residential market. The current residential development standards, specifically setback requirements, often times are very restrictive in allowing any type of additions or expansions. In many cases the existing setback requirements do not reflect the existing conditions, particularly in residential neighborhoods east of Wadsworth. In other words, houses, garages, and sheds very often See page 20 of the Neighborhood Revitalization Strategy (NRS). Typical Wheat Ridge residential structure encroach into required setbacks under current regulations. ' • A major component of the NRS is also encouraging more pedestrian-friendly neighborhoods .2 Every residential zone district has required large front yard setbacks, higher on average than any surrounding jurisdiction in fact (see Attachment 2 of this memo). While it is perhaps appropriate to keep these larger front setbacks in some of the city's large lot residential zone districts, it may be beneficial to include some reductions in others. Summary of Recommendations In general, staff has recommended reduced front yard setbacks in all residential zone districts except for the R-1 district, which represents the city's large lot residential zone district. Additionally, staff has recommended reduced side and rear yard setbacks in some examples. These include corner lots (where there are essentially two 30' front yard setbacks), and setbacks for detached garages and sheds. More detail on the district-by-district recommendations is provided in the Recommendations section of this memo. Background 2003 Zonine Code Amendments Before presenting recommendations and analyzing existing conditions, it is important to summarize the similar zoning code amendment process undertaken in 2003. Initially, this specific issue was discussed as part of the comprehensive zoning code rewrite in 2001. As new issues emerged, subsequent meetings and research resulted in approval of the adopted ordinance taking place in 2003. The following general revisions were made at that time: • Reduced the allowable building height for accessory structures in all residential zone districts. The general intent was to limit the bulk and mass of the structures, and there were also concerns about living space above the structures. • Increased side and rear setbacks for accessory structures based on building height. • Increased side and rear setbacks for principal structures in some districts - some based on height (per story) and some an outright increase. • Establish a maximum size of 120 square feet for metal accessory buildings in all residential zone districts. • Revise the definition of an accessory building. 2 Noted throughout the document; but see page 24 of the Neighborhood Revitalization Strategy (NRS) for a specific example as part of the recommendations from this document. 3 The following specific district-by-district revisions were made in 2003 related to residential development standards: U' l Zone District Type of Structure Building Height Building Setbacks Residential One (R-1). Principle structures Detached garages 15'29' Storage sheds 10' 29' Residential One A (R-IA) Principle structures Side: 10' Detached garages 15' 201 Side/rear: 5' if < 8' height, 10' if > 8' height 5.1 Storage sheds 10' 241 Side/rear: 5' if < 8' height, 10' if > 8' height Residential One B (R-113) Principle structures Detached garages 15' 24 Side/rear: 5' if < 8' height, 10' if > 8' height Storage sheds 10' 213' Side/rear: 5' if < 8' height, 10' if > 8' height 5L Residential One C (R-IC) Principle structures Rear: 5' d-W Detached garages 15' 29' Side/rear: 5' if < 8' height, 10' if > 8' height 3' Storage sheds 10' 29' Side/rear: 5' if < 8' height, 10' if > 8' height Residential Two (R-2) Principle structures Detached garages 15' 2,01 Side/rear: 5' if < 8' height, 10' if > 8' height 5L Storage sheds 10' 20L Side/rear: 5' if < 8' height, 10' if > 8' height 51 Residential Two A (R-2A).. - Principle structures Side: 5' per story 5) L 0' for one to Multifamily, Rear: 1 two story buildings; 15' for three story buildings 1& Detached garages 15' 2& Side/rear: 5' if < 8' height, 10' if > 10' height 3' Storage sheds 10' 24 Side/rear: 5' if < 8' height, 10' if > 8' height 3' Residential Three (R-3) Principle structures Side: 5' per story 51 Multifamily, Rear: 15' iOL Detached garages 15' 29' Side/rear: 5' if < 8' height, 10' if > 8' height Storage sheds 10' 24L Side/rear: 5' if < 8' height, 10' if > 8' height Residential Three A (R-3A) Principle structures Side: 5' per story 3- Multifamily, Rear: 15'44L Detached garages 15' 2& Side/rear: 5' if < 8' height, 10' if > 8' height Storage sheds 10' 29~ Side/rear: 5' if < 8' height, 10' if > 8' height -51 4 The following revisions were made as part of the same process to other sections of the code: Sec. 26-611 "Building Setbacks" This section dealing with allowed encroachments into setbacks was revised to prohibit encroachments in nonresidential zone districts. Previously, structures such as porches, patios, chimneys, etc. were allowed some limited encroachments into setbacks in all zone districts. Section 26-123 "Definitions" The definition of accessory building was revised to list specific types of accessory structures such as storage sheds, detached garages, membrane structures, gazebos, etc. Section 26-204 "Zone District Use Schedule" This section was revised to clarify that accessory buildings are not allowed on vacant lots that do not have primary or main buildings. Related Variance Case History Staff conducted anecdotal variance case history research going back to 2000 as it relates to residential development standards. Note that there were some changes to the residential development standards in 2003 (as discussed above), specifically related to side and rear setbacks for accessory buildings. Attachment 1 summarizes in more detail all of the variance requests from 2000 - 2008. Some conclusions are listed below, as well as in tables and graphs. 2000- 2008 • 127 total variance requests from applicable residential development standards in R-series districts • 72% of all requests were approved • 36 were for side yard setbacks for accessory structures (garages, sheds) (28% of total) o The average side yard setback request was 5.86 feet into the required setback o The R-2 district had the most of these types of requests at 42%, with the R-1 district having 31%. • 21 were for front yard setbacks for principle structures (17% of total) o The average front yard request was 8.13 feet into the required setback o The R-2 district had the most of these types of requests at 38%, with the R-1C district having 19% • 18 were for rear yard setbacks for accessory structures (14% of total) o The average rear yard request was 5.16 feet into the required setback o The R-2 district had the most of these types of requests at 38%, with the R-1C district having 19% 2000 - November 2003 (prior to approval of new residential development standards) • 52 total variance requests from applicable residential development standards in R-series districts • 62% of all requests were approved • 10 were for side yard setbacks for accessory structures (garages, sheds) (19% of total) o The average side yard setback request was 5.5 feet into the required setback o The R-1 district had the most of these types of requests at 40% • 11 were for side yard setbacks for principle structures (21% of total) o The average side yard setback request was 7.8 feet into the required setback 5 o The R-1 district had the most of these types of requests at 36% • 11 were for front yard setbacks for principle structures (21% of total) o The average front yard setback request was 8.6 feet into the required setback o The R-2 district had the most of these types of requests at 45% November 2003 - 2008 (following approval of new residential development standards) • 77 total variance requests from residential development standards (61% of total from 2000-2008) 77% of all requests were approved 24 were for side yard setbacks for accessory structures (garages, sheds) (31% of total) o The average side yard setback request was 6.5 feet o The R-2 district had the most of these types of requests at 50%, with the R-1 district having 29%. 13 were for rear yard setbacks for accessory structures (17% of total) o The average rear yard request was 5.3 feet o The R-2 district had the most of these types of requests at 38%, with the R-1 district having 31% The following tables provide some general illustrations of trends in variance requests related to residential development standards: Number of Setback Variance Requests by Year (from applicable development standards - building setbacks, lot size, and lot coverage) 25 'l E ~ ~ ~ r ~~~ry i @ yrt RS a fi z r5`E .~4^.~`,rts'r ~ 5 v £ q ! s2~ , ~ ✓ 1 ~ 4 d l a F t 6 > V ✓ ~ x✓i F~ 5 ( I { ~ ~ 4 2 m , f4r~0 rr) 6 6 it ~K L1Jt. ~ F 4 h hf C \ ~ W^(~ J~rV ~ f ~ S Y (!1 ~ I x~ A~ rl ' 4 ~G ~ '2.~; t . r r ayes ,{~*jS E+~x v > 7Uyr? v<< 'rc~a) Y~ SY1C'> ` \ EYSAYriZ )j1~9 4-54 K L\ 3.il'(~Yr :^t. ~~{{t 21 4 20 P ~ ~ ~ } r a r oS .N~~`n ,r pit 11,rr"'~ ~r• N~ 'j 4f~W~t ~ r~'yNh A.yVY S~IJJ 74( ~ j4 !Nt~ M1``~ ~ 5'J 4✓f e^If ~ ilk ~M1~ W~ S ~h ~a~~rA{,,,1'<>ti ;a~ t cf i ~~~',a ;~~~1~ ~✓1~7,~ ~ ~"~~s~~NF ^ ~ ~ ~ , 1 F , ✓ 5, ~ ~f✓ ~u~flr r"~~ 'r f'ry, ,✓'~5~tx . h~ Y 15 ~ r 1 k n /4 s r . 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F4 O 2000 2001 2002 2003 2004 2005 2006 2007 2008 Side Yard Setback Requests for Accessory Structures of total variance requests) 35% 31 30% r 1 25% 20% - 15% r„~-ai ti z s S / -0 ~ ~ AS t g I f ° V .NS^Yi F T lJ i 4 C kt i l 5% , k x T it. ~ j 0% 2000-2003 2003-2008 7 Comparable Jurisdiction Summary Eight area jurisdictions were analyzed with regards to the residential development standards under consideration for this zoning code amendment. Attachment 2 includes a table with more detail on this research. In general, the conclusions are as follows: Wheat Ridge... • Has the highest front setbacks on average • Has lesser rear setbacks for principle structures on average • Has higher side and rear setbacks for detached garages on average - most do not base the setback on height • Generally is more restrictive for corner lot setbacks. Five of the eight have reduced side and rear yard setbacks for corner lots for principle structures on average • Is consistent with regards to side setbacks for principle structures on average • Is consistent with front setbacks for accessory structures in that they are the same as the principle structure, but some jurisdictions simply require that they be behind the principle structure • Is consistent with accessory buildings of lesser height for side and rear setbacks on average • Is consistent with regards to building heights for principle structures on average • Is consistent with regards to building heights for accessory structures on average Z W oho U4 W Q c ~a U a U .y .b b w b y O b 1-+ .G' O W U b b A O in ~ S. w ~ O ~ b y ~ N Y b ~ ❑ o ~ V ~ b U ~ 0 3 U cc b C b C u i w w Q Y O d 7'. A Y O 'd C ~ Z i Y- ^~7 r A ~ ~ - N N (y,. _ ~~cc rr N L w`: d m: ~ i C M , y ~ ~ w : w ~ N . 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N - h V'1 ~i z. ~ Vl I ~ o ` d d o d of - Ul w z ~i in n o _ oo S 5 • II I II O z Z vl .C N 41 O z z Vi d d - ~ d h z z v~ vi ~ ~ z z ~ ~ N O bq "`3 E O .d VI F. b r ' -S N N O N ~:..N 7 R O O N N O N a N 0 N O b F n b 6 Q O o F . b Q y y ° ~ V) z R ~ N F ~ L C F w b-0 C U ~ u N p ~ ~ 3 m :o ate, c ~ N U b U y R N R ~O+ O r~i~ y ~ G b^ > E c d C R ti ~ > N ro R O ~ ~ w 7 b .d ~ ~ ~ R a R ~ b ~ R ~ W oq O 5 .O vi ~ y N R'D ~ U U ~ ~ U y , ~ oq y w 'p C w R U ~ ' O ' O d p j C Ad ~~~'O ~ W R U C w N o ~ y G R u O W U ai ti > Ci., " ~ N~ R O O u 'O T y a 4 w y 'O O C A R w mo m C ~ ~ . d r ~ ~ ° o F " a d N y on . ^ R N ..w R v a ~ W > R O i s~~ u N~ U~ N R G. c~ ~ ~ '°J U O s . ~ ~ C N ~ h W ~ R ~ ski R N ~ Op p ' . 3^ m y b Vl °C m ~ Q a U o. u k w ~ R A~ R C N ~ b 8 ~ ~ ~,,o ~ Rx ' O O N ~ ~ O O w ~ ~ GL O wb N <Cp R N ° ' 3 N v~ ip ~ F~ d O RO'aOOCLO^ z oz~zz ~ etl c~ u t Cw u "~w A oay A Yo v.c.~ v N N N ~ L w d y ~ w d y ~ - b p "0 C d O r O Rw u ca u yu .'C+ u« C u ~ u ' ' ' R C U+•L Y ~ m ~..C y fT+•y. 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OD w bA p U ^C b_9'O OD i1 ro z U m vi~b r t o m o c L N 'S 0w bN Ea r 0 U c -S w ~ U v LO N T R ~ h L ro C T k U y 'O .wi u E w 8 Y U N O G: V by s ° o A o 10 ro ~ ~ ro z .°3 d v °c° c ~ " p c o ~ 'O ~ 'UO if O a p x 2 = w t, wp n. ~ ~ ~ o u ai F ~ 3 'ai op ~ ~ w L+ N U ~ G ro v as ~ - ti ou ° U oo A .d ~ c C U U ~ = N 3 "UJ' ~ U ~ y v b p y b v ro p ~ C 'd ~ bA'O m s N £ N ~O p en •o o ,°J, U ro 0° ~ m m m c ~ c a rn ,L' C w U U U Ow 7 (x ~ .%A O N N U ~ `Ctl .RUC w 'p f" ro M v7 m o .p 3 ~ o C4 ~ ~ c ~ ro . s ON y 'a ~ b row N N ~U .Y O .70 R N y w o d A ,nom. W G L C O w U Y O U F ro VJ y~ Id W CD r.j 4J i w h tC U tD N `U b F 'b 'O c O C O .C zi C O i Z IL h p° N 3 0 ends City of dge Wheat COMMUNITY DEVELOPMENT Miscellaneous Notes Vertical Additions, or "Pop Tops" with Nonconforming Setbacks Where there are existing nonconforming structures that encroach into required setbacks, property owners are allowed to "build in line" with the existing encroachment - meaning that they cannot increase the degree of the encroachment. The question of whether or not this applies to vertical additions, or "pop tops" has arisen, particularly with regards to setback requirements based on building heights. It has been department policy in the past to allow vertical additions in line with existing encroachments, as long as the setback is not based on building height and the setback would become nonconforming. Maximum Height for Accessory Structures Much discussion took place in 2003 to arrive at the current height limitations for accessory structures, particularly detached garages. The arrival at 15' had an intent of limiting the allowance for additional dwelling units or living space to be constructed above detached garages in the future. Number of Accessory Structures While it is not specified in the code, the department's policy regarding the number of accessory structures on a property has been to allow as many as a property owner would desire, as long as the square footage stays under the maximum allowed square footage. For instance, if the maximum allowable square footage for storage sheds is 200 square feet, then one could have two 100 square foot storage sheds. Nonconformities as a Result of Any Code Amendments The amendments proposed generally include less restrictive setback requirements, therefore if enacted they will actually substantially decrease the number of nonconforming properties in the city. Policy Questions In addition to the policy recommendations contained in the district-specific standards contained in this memo, there are the following general policy questions: Bulk Plane Does the Planning Commission/Board of Adjustment want to move more toward basing building setbacks based on height? If so, do we want to consider the possibility of implementing any type of bulk plan requirements? An example of a bulk plane standard where setbacks are based on the scale of buildings is provided below from Denver. OrAC APIm \ /\MmWdmHe4k8i1G S*' SdePl td kmttView s 1 R=P""Line \71 1 U=kntertne FIOKPL I- - i IV tt Go`"'eb'A` m"eWd` a ate" Skleview(t) aIAMeJ411 p) rno~Iryahtr.tkx~Wck62CEgwtl¢rtarpropary~ine. The hWYmnudpYnetl~tP~~ poMtto'elwetlrciaraoPhtPlMe. R•2-A Bulk Plane Nae:Tkn~dibwege~dy~~atestlieScb~d~d BukRe~#~aKlamgtbcaa~+i~inga useb~rAglx. Ibweret,fa~pestlfullit~k+sn Y~idirl {eePeatkstMnested prtles readekN roaaipd tk 2oahg AdniRslntlai oMct. 13 F H W (ti O I!~ U~ ^^W F~1 ~`pl V 0 0 0 0 0 0 N r M N O N ( 0 C J (O V t0 N (V O m N 0 0 0 0 ° 0 0 0 in N o m m n m ° O m M r N o O <6 m vi ° m co ui m m ~ m N M 0 0 0 0 0 N M O m m O O h m N 0 0 0 0 N N O W N In 0 0 0 m m o r M o v m ui o° o° o° o° o° o° o N ° m v ° n o m [1> V iri o r O m n M N n a c ~ o R ~ ~d N ~ d aRi N ~ ~ w m m m m o N j c <r • Q ¢ vi ai m ui m ui co o° o° o° o° o° o° 0 0 0 0° j~ O V N m t0 I~ r N O t0 N M M N ~(l r O O N r f2 m N N v N N O m O N N V N ~ C d OH O c m>c m a M m N m n O n R ~ ~ N M N N O U N N l ~ R T 0 F Q r mm _ N N p d U R o O o'' c ' C E E2!' E a 2 n n o m o R a m R R E G R 9R R R R U 9 V a V 9 _ E R n n n p_ n> ? - 2 R 10 l~ N N T y N N 6 N t N T Ol a R m E 2 p E o m ° o L> ` R o 2 o ° 3 d m O T3 R >.O O~ Ty ~'h R ~.N NO O O 6 R C R R E t R U C V R V . . E L ` O R r ` T a ` O N ` O m 9 0 O U R U O Off O N p r (/1 y lL N Q N .J 'c tlI 0 (n R LL R Q R .41 - 'C 0 J N r N ~ M I h I N M M N R` C T > m O O R m ` « R N OI _ N w T r d a U_ N N Q l(] O N C L V 'O N N N • C O L C U R L 9 • N ~ C h N I i N O N O U ` 0 . - v C y 0 4 p O L N N R "O U j U ~ N O R Y R R O L d j _ O V - R ' ~ N 47 RU N ilJ N R (n N C O O N O O N NY R R I E m E V E 2 • N O UJ (n y fn d y O U R N U nL. O R R~ ~ Oy ~ O R N n`~ v' R R ~ R~ N N O D C R O R • C R C O O R 0 R R D M- c R N N L ry • C l0 R R M R 2 6 L d L LL R N O N (n R s« • N U ~ - L « m • in N • ~ m E o N O ` N R O N . O ~ G 3 c > R > T ~ ~ O m O O N D O O N N- Ecc R C o L m oam od E in N LL V N Om D E O N_ R r, D C N ~ I p R ~ R vN- C 0 V R O N ry N 0 D R • I I Q N~ vi I C O N N I i0 N • • cG .L. m E o E ~ ~ y 3 N L o o aL m c R O E w M O m y 5 E y Z c O N O ro N m O E C V "R C O y l9 _ L y1 lc N- N y N N 5 O = _ N\ C rA y 0 R V N_ ,C N O t0 "O 'O N E E 7 "O LO E E O a "O E :e N O R ~ O R cRi U ~ C . 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N N 8-y LL N E N N R CD N C 9 • O J • • Z R O n O N 7 O O n N C 0 04 4 2 t~ N~ J~ N N 3 C N N R (J q N._- C in =o amain E J O.__ CR .-a ~n E Ja E'a R Q N N O a ~R O m R ro ' R a i 2 R O. ~ f/J R ¢ N fn ; m a ° a L m y L m.` N N.F .F U N r ` N N a - N N O a N N o N p m m O O W o o p N 0 0 mN CO a 0 M~ CON V 2 o O m m N N LO N C 0 N (7 0 ma--R a C m R fl ~ m R N p O j N . . . Z N I N m m m ~ a ~ m m A R • U O 3 d i d y U l f, « O O 0 m E N a M O 0 U O • C p O y ° • E n o S C I ° h O o Z'2 m N N N C O 0 R - ` N m N E m Sc 3 O'xmp R O i • 0 Z ~2 c°7 °E min _ N m m a m N 1 9 o L a o a • a ~O C m a L N o ro N¢ N O m m L • L N V N O N w N a N v a m N U RND O i N m 6 • m m -c a M 0 m(n c~ OmO-O 0 Q o~ N O O C C C m >.m0 ~O O R R ~ m A C m O L m R m R m y V p Y Y C 6 me me m3~ ~ acoaco cpim oa « 9c ~c p m ci ' E2 Boa=moo=RY of of o a ~ A U R U N U T V m U m L m L d L O m m... mr • " O O m ' m m 03003 o h pm a p aQ oo • • w~ U) . NN m O O O C a d m p C o 0 a c n N A N N i° x a a l c ac a E mo ommRMZ0 m c R • c 'c c -p m- m :a m- m a 2 cm - - ZP m Ura amE°E:E m L O o° co C N t VI m C N C N m m „ vN N N t y« t N a a a~ m m a~ 16 E ` N O m 6 c m V U 2 R C~ m U U a d R m « p N N U J C PC i C U C` U J U f, R m N R X .r L X N 0 R C c m Q N U m p m p a. CO m N p- O Z O m o; . o. co N R .a N 0 > L L U m m o co co a ~ E~ oc'N `m N o m~ bdyN Y J C~ R U fi R c a d~~ a o n x L > R LL N 9 >i N 6L N a C R N O m 0 R L N U N a d c 0 N T • R E a C R d J E E 0 U T C R R C E E 0 U N N ~ C N U N a N N C m U C H a o -NO R = m o rn3 o o N 3 .c c i c i ¢a $aa a a N Q a i ,r N d L« N d N 'N • a C j N a C7 V ~ • Uo °1aUo ~'n 5 • . d m c R >1 > C C N R L y C a -p O C R N O R N- N m.0 O N o~ R L 01 R ~0 ~ O ~ a o R N 0 'O R m a • c R E a~~ N ~ m o R N ~ d m o Y O o N d m '-O-o N d Y 2 m R d O C« C OI D 6 O1 r N N -Np O C N UJ j O O O LL N L L R« O O R L O" R R U LL N9N~ F9 Nr a O.~fn9 R N a R V • O 49 DO y C C R O N O o N d E a R N N « O N Q ~ V N J N N p y a d L N N w ~ L Q 3: Z 3 OC r-I City of Wheat Pdge COMMUNITY DEVELOPMENT rbu~r JV\ P Memorandum TO: Planning Division ✓ FROM: Jeff Hirt, Planner W SC SC EAI~ 04-ES DATE: November 13, 2008 l 1 1 SUBJECT: Residential Setbacks Residential setbacks were evaluated and changed as part of Case No. ZOA-03-09. From my review of that case file, a substantial amount of time (well over 1 year from the first public hearing) and research went into these changes. Numerous memos and minutes from meetings indicated a consistent request for more information from the Planning Commission and staff. From meeting-to-meeting, additional recommendations for changes were made as new issues were discussed. In order to make the process go smoother from the start, I would suggest putting together a report to bring forward to the Planning Commission/City Council (study session?) for review and comment. I would suggest the below items to include in the report. We could begin the report with our recommendations, with a significant amount of supporting documentation to help them make their decisions and any recommended changes. 1. Recommendations • District-by-district code language revisions 2. Issue Summary • Principle buildings (setbacks) • Accessory buildings (setbacks -by height/bulk?, differentiate b/w sheds and garages?) 3. Background/History - 2003 Residential Setback Amendments • Summary of final changes • Summary of research and analysis done at that time • Summary of comments from public, planning commission and city council 4. Variance Case History • Research and conclusions related to development standards recommended for change (by district and location) 5. Comparable Jurisdiction Summary • Build off research/tables from 2003 setback amendments 6. Existing Conditions • Wheat Ridge development standards in residential districts district-by-district (w/ models and illustrations) 7. Analysis of Recommendations 0 District-by-district, photographs, models of how changes might look Sec. 26-205. Residential-One District (R-1). A. Intent and purpose. This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: Minimum Minimum Maximum Minimum Minimum Minimum Side Rear Maximum Building Lot Lot Front Yard Yard Height Coverage Area Width Yard Setback (a) Setback Setback (a) One-family dwelling 35' 25% 12,500 sf 100' 30' (b) 15' 15' Group home 35' 25% 12,500 sf 100' 30' (b) 15' 15' Accessory buildings (e) Detached garage or 15' 1,000 sf 12,500 sf 100' 30' (b) 15' 15' carport Private storage shed 10' 400 sf 12,500 sf 100' 30' 15' (c) 15' (c) Churches, schools, government and quasi- government buildings, golf courses, small day 35' 25% 1 acre 200' 30' 15' (d) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 25% 12,500 sf 100' 30' (b) 5' (c) 15' Notes: (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26- 123.3 at the end of section 26-123) (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (d) Fifteen-foot setback for the first story and five (5) feet for each additional story. (e) Metal accessory buildings over one hundred twenty (120) square feet in size are not 2-26-01; Ord. No. 1313, § 1, 10-27-03) ' NOTE: I recommended that we add this in to call attention to the fact that setback reductions may be allowed where the majority of the properties in the vicinity have lesser front setbacks. This seems to be a little used provision. I added this to all residential districts. 15' 15' 15' e •f8 15' Sec. 26-206. Residential-One A District (R-1A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLEINSET: Maximum Minimum Minimum Minimum Minimum Minimum Maximum Building Lot Lot Front Yard Side Yard Rear Yard Height Coverage Area (e) Width Setback Setback (a) Setback (a) (e) One-family dwelling 35' 30% 9,000 sf 75' 259 b 10' 15' ( ) Group home 35' 30% 9,000 sf 75' 25.' 10' 15' (b) Accessory buildings (f) 5'if<=8'in 5'if<=8'in Detached garage or 15' 1 000 sf 9,000 sf 75' 30' (b) height; 10' if ' height; 10' if ' carport , in height > 8 in height > 8 5' (c) if 8' 5' (c) if 8' Private storage shed 10' 400 sf 9,000 sf 75' 30' in height; 10' ' in height; 10' ' in if>8 in if>8 height height Churches, schools, government and quasi- government buildings, golf courses, small day 35' 30% 1 acre 200' 25' 15' (d) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 30% 9,000 sf 75' 30' (b) 10' 15' Notes: (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (5 9) feet for all structures. (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26- 123.3.) ' QUESTION: Do we want to keep detached structures to be required to be behind the principle structure? I could see detached garages being built 5 foot in front on an existing 30' setback house if this regulation gets adopted. Same question goes for all districts. (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (d) Fifteen-foot setback for the first story and five (5) feet for each additional story. (e) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. (f) Metal accessory buildings over one hundred twenty (120) square feet in size are not permitted. - - - (g)'Frohtsgtli k retluctions.maybe,allbyaed in accordance~iitfi Section 26-811. 11 (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No.' o. 1313, § 2, 10-27-03) 10' 30' 10' I Sec. 26-209. Residential-Two District (R-2) A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development standards: TABLE INSET: Maximum Minimum Minimum Minimum Minimum Maximum Building Minimum Lot Front Side Rear Height Coverage Lot Area Width Yard Setback Yard Setback (a) Yard etback a S One-family dwelling 35' 40% 9,000 sf 75' (f) (b) 3B , 5' (c) 10' Two-family dwelling 35' 40% 12,500 sf 100' 25 (b) 5' (c) 10' Group home 35' 40% 9,000 sf 75' 25'. 5' (c) 10' (b) Accessory buildings (g) 5'if<=8'in 5<=8'in Detached garage or 15' 1,000 sf 9,000 sf 75' 30' (b) height; 10' if ' height; 10' if > 8' carport per unit in height > 8 in height 5' (d) if ' 5' (d) if 8' in Private storage shed 10' 400 sf 9.000 sf 75' 30' in height; 8 10' if > 8' in height; 10' if > 8' height in height Churches, schools, government and quasi- government buildings, golf courses, small day care 35' 40% 1 acre 200' 25' 3Q 15' (e) 20' center, and nursing, elderly and congregate care homes All other uses 35' 40% 9.000 sf 75' 30' (b) 5' (c) 10' Notes: (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (25 30) feet for all structures. (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (a) Metal accessory buildinas over 120 sauare feet in size are not permitted. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 5,10-27-03) 10' / Detached Garage Shed Principal Structure 10' 10' Sec. 26-207. Residential-One B District. A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLEINSET: Maximum Minimum Minimum Minimum Minimum Maximum Building Minimum Lot Front Side Rear Height Coverage Lot Width Yard Yard Yard Area (f) Setback Setback (a) Setback (a) One-family dwelling 35' 40% 7,500 sf 60' , 5' (c) 10' (b) Group home 35' 40% 7,500 sf 60' 39 25' 5' (c) 10' (b) Accessory buildings (g) 5'if<=8'in 5'if<=8'in Detached garage or 15' 600 sf 7,500 sf 60' 30' (b) height; 10' if height; 10' if carport > 8' in height > 8' in height 5' (d) if 8' 5' (d) if 8' Private storage shed 10' 300 sf 7,500 sf 60' 30' in height; 10' in height; 10' if>8'in if>8'in height height Churches, schools, government and quasi-government buildings, golf courses, small day 35' 40% 1 acre 200' 25' AW' 15' (e) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9.000 sf 60' 30' (b) 5' (c) 10' Notes: (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (25 39) feet for all structures. (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (q) Metal accessory buildinqs over 120 square feet in size are not permitted. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03) Sec. 26-208. Residential-One C District (R-1 C). ' A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: Maximum Minimum Minimum Minimum Maximum Building Minimum Minimum Front Side Rear Height Coverage Lot Lot Yard Yard Yard Area Width Setback Setback (a) Setback (a) One-family dwelling 35' 40% 5,000 sf 50 20! 1W 5' 5' ( Group home 35' 40% 5,000 sf 50' 20 ~9 5' 5' (b) Accessory buildings (e) 5'if<=8'in 5'if<=8'in Detached garage or 15' 600 sf 5,000 sf 50, 30' (b) height; 10' if height; 10' if carport > 8' in height > 8' in height 5' (c) if 8' S' (c) if 8' Private storage shed 10' 200 sf 5,000 sf 50' 30' in height; 10' ' in height; 10' ' if>8 in if>8 in height height Churches, schools, government and quasi- government buildings, golf courses, small day 35' 40% 1 acre 200' 20' 38 15' 20' care center, and . nursing, elderly and congregate care homes All other uses 35' 40% 5,000 sf 50, 30' (b) 5' (c) 10' Notes: (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (2Q 39) feet for all structures. NOTE: Most of the properties zoned R-I C are those east of Wadsworth and south of 38"' Avenue. This is the area of the city with a substantial portion that was built out prior to the city's incorporation, and likely prior to any 30' setback requirement. There area a substantial amount of properties that do not meet the 30 foot front setback. Many have setbacks closer to 20 feet, with some less than this. This is the one zone district that is fairly geographically isolated - unlike the R-3 district for instance where there are properties with this zoning as far east as Sheridan and as far west as Youngfield. (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26- 123.3.) (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (d) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (e) Metal accessorv buildinas over 120 square feet in size are not permitted. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 4, 1 Sec. 26-210. Residential-Two A District (R-2A). A. Intent and purpose: This district is established to provide medium-density residential neighborhoods, and to prohibit incompatible with the medium-density residential character. B. Development standards: TABLE INSET: high quality, safe, quiet and stable activities of any nature which are Maximum Minimum Minimum Minimum Maximum Building Minimum Minimum Front Side Rear Height Coverage Lot Lot Yard Yard Yard Area Width Setback Setback Setback (a) (a) One-family dwelling 35' 40% 7,500 sf 60' (g) 25';;8 b 5' per story 10' ( ) Two-family dwelling 35' 40% 9.000 sf 75' (g) - ) 5' per story 10' (b (b) 10'for one or Multifamily (3/more ' 13,050 ' ' 5' per story two story ' dwelling units) 35 40% sf (c) 100 25 30- buildings; 15 for three story buildings Group home 35' 40% 9,000 sf 75' 28z& 5' per story 10' Accessory buildings (i) 5'if<=8'in 5'if<=8'in Detached garage or 15 600 sf (per 9,000 sf 75, 30' (b) height; 10' if ' height; 10' if > carport unit) in > 8 8' in height height 5' (d) if 5' (d) if 8' Private storage shed 10, 400 sf/4 9,000 sf 75' 30' 8' in height; in height; 10' if d.u. 10' if > 8' in > 8' in height height Churches, schools, government and quasi-government buildings, golf courses, small day 35' 40% 1 acre 200' 2v'9 15' (e) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9.000 sf 75' (9) 30' 5' 10' Notes: (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (c) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Reserved. (g) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (h) Reserved. (i) Metal accessory buildings over 120 square feet in size are not permitted. GYFronf setback reducfons tnay be, allov¢ed'iri acebidd e:~yifh'Sectian 26=8115 The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03) Single and Two Family Principle Structures io, 5' per story setback 1.o' Multi-family Principle Structures fflGh 5' per story setback 15' rear setback for 3 story 454FLA 10, 10' 10' 10' Sec. 26-211. Residential-Three District (R-3). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium to high-density residential character. B. Development standards: TABLE INSET: Maximum Minimum Minimum Minimum Minimum Minimum Maximum Building Lot Lot Front Side Rear Height Coverage Area Width Yard Yard Yard Setback Setback (b) Setback (b) One-family dwelling 35' 40% 7,500 sf 60' (f) 2 5' per story 10' (c) Two-family dwelling 35' 40% 9,000 sf (f) 75' z 5°- p story 5' per sto ] 0' (c) Multifamily (3 or more 35' 40% 12,500 sf 100' 25'~ 15' (a) 15' (a) dwelling units) (d) Group home 35' 40% 9,000 sf 75' 5' per story 10' c) Accessroty buildings (g) Detached garage or ' 600 sf per ' ' 5' if 8'm ' 5' if 8' in ' 15 9,000 sf 75 30 (c) height; 10 if> height; 10 if> carport unit Tin height 8' in height 400 sf/4 5' (e) if 8' S' (e) if 8' Private storage shed 10' d u 9,000 sf 75' 30' in height; 10' if in height; 10' if . . > 8' in height > 8' in height Churches, schools, government and quasi- government buildings, golf courses, small day 35' 40% 1 acre 200' 25' 39-' 15' (a) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60' (f) 30' (c) 5' per story 10' Notes: (a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (b) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (a) Metal accessorv buildines over 120 square feet in size are not permitted. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-3 district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03) Single and Two Family Principle Structures 14' 5' per story setback Multifamily Principle Structures 15' 15' See. 26-212. Residential-Three A District (R-3A). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development standards: TABLE INSET: Maximum Minimum Minimum Minimum Minimum Minimum Maximum Building Lot Lot Front Side Rear Height Coverage Area Width Yard Yard Yard Setback Setback (b) Setback (b) One-family dwelling 35' 40% 7,500 sf 60' (f) 5' per story 10' (c) Two-family dwelling 35' 40% 9,000 sf 75' (f) x' T per story 10' (c) Multifamily (3+ dwelling 35' 40% 12,500 sf 100, 25'9 15' (a) 15' (a) units) (d) Group home 35' 40% 9,000 sf 75' 25',39 5' per story 10' (c) Accessory buildings (g) Detached garage or 600 sf per 5' if 8' in 5' if 8' in 15 9,000 sf 75' 30' (c) height; 10' if> height; 10' if> carport unit 8' in height 8' in height 400 sfl4 5' (e) if 8' S' (e) if 8' Private storage shed 10' d.u. 9,000 sf 75' 30' in height; 10' if in height; 10' if > 8' in height > Tin height Churches, schools, government and quasi- government buildings, golf courses, small day 35' 40% 1 acre 200' 30' 15' (a) 20' care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 60' (f) 30' (c) 15' (a) 10' Notes: (a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (g) Metal accessory buildings over 120 square feet in size are not permitted. The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-3A district, where such structures and their reconstruction meet all of the following requirements: 1. The structure was legally in existence on September 8, 1997, 2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and 3. Such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: 1. New construction where no replacement of a preexisting structure takes place or 2. Reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 8, 10-27-03) Single and Two Family Principle Structures is 5' per story setback 10, Multifamily Principle Structures is, is, 10, 10' 10, 10' Extended Stay Lodging -10.22.08 Jerry Dahl, Ken Johnstone, Jeff Hirt, Meredith Reckert Issue: What do we do with existing rooms being rented out for extended stay in some of our rooms? Legal nonconforming? Amortize? Solution proposed: • They will become nonconforming, and not allowed after the effective date that we specify (not effective date of ordinance but a specific date). • The rationale for not allowing a period of amortization is to say the rooms being rented out now for extended stay go against the idea of "transient", as hotels/motels are currently defined in code. Even though it doesn't explicitly say what transient is, the assumption is that transient is less than 30 days - its only now that we're codifying it. • What about rooms already leased, that can prove they have valid leases in before effective date of ordinance? Doesn't matter - they are not transient. Besides, they are in violation of building code for over 30 days. • Need to memorialize these statements in staff report. Residential-One District (R-1)/ Residential-One A District (R-1A) Residential-One B District (R-1B) Residential-One C District (R-1C) Residential-Two District (R-2)✓ Residential-Two A District (R-2A) Residential-Three District (R-3) Residential-Three A District (R-3A) Agri cultural-One District (A-1) Agricultural-Two District (A-2) Neighborhood Commercial District (NC) Restricted Commercial District (RC) Commercial-One District (C-1) Commercial-Two District (C-2) Light Industrial District (I) Planned Development District (PD) Streetscape Overlay District (SO) Architectural Design Overlay District (ADO) Conservation District