4/21/2014
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (REZN-2-14-0252) Request to amend the Unified Development Ordinance to Correct
Certain Errors in Various Chapters.
- Application
- Proposed Text Amendment
- UNIFIED DEVELOPMENT ORDINANCE REVISIONS
(Explanation of Revisions)
1. Explanation of Revisions: Amend Section 9.2.3 by deleting the alternative
members subsection B.2 and moving subsection B.3 to #2.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 9.2.3 Planning Advisory Commission
Section 9.2.3.B
B. Composition, Appointment and Compensation.
1. Composition. The Planning Advisory Commission shall consist of nine members
appointed by the Council.
a) Term of Office. All regular member appointments shall be for three years.
Current membership and terms of office shall not be affected by the adoption of
these land development regulations.
b) Number of Terms. An appointed member who has served two consecutive full
terms shall not be eligible for reappointment until the lapse of 12 months from
the end of the second full term.
2. Alternate Members
a) Service as Regular Member. In the absence of any regular member, an
alternate shall replace the absent member and shall be empowered to act as a
regular member.
b) Terms of Office and Number of Terms. Alternate members shall be appointed
for a term of three years and may succeed themselves under the procedure
established for regular members.
3. Compensation. Regular and alternate members shall not receive compensation
for their services. However, the members may be reimbursed for authorized
expenses incurred in the performance of their duties. Authorization of expenses
shall be made by the Director of Planning.
Sec. 9.2.3 Planning Advisory Commission
Section 10.2.7.D
B. Composition, Appointment and Compensation.
1. Composition. The Planning Advisory Commission shall consist of nine members
appointed by the Council.
a) Term of Office. All regular member appointments shall be for three years.
Current membership and terms of office shall not be affected by the adoption of
these land development regulations.
b) Number of Terms. An appointed member who has served two consecutive full
terms shall not be eligible for reappointment until the lapse of 12 months from
the end of the second full term.
2. Compensation. Members shall not receive compensation for their services.
However, the members may be reimbursed for authorized expenses incurred in the
performance of their duties. Authorization of expenses shall be made by the
Director of Planning.
2. Explanation of Revisions: Amend Section 2.5.12 by deleting the exception
from required rezoning under the PUD subsection B.2. and making subsection 2
reserved.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 2.5.12 Planned Unit Development (PUD)
Section 2.5.12.B
B. Required Rezoning.
1. Rezoning Required. Any residential development that exceeds either the
minimum site size or number of dwelling units as indicated in Table 2.5.2 shall
be considered a PUD and shall be required to be rezoned to a PUD overlay zoning
district.
2. Exemption from Required Rezoning. Any rezoning of property to an RE10, RE5
or RE1 zoning district is not required to apply for rezoning to a PUD overlay
zoning district.
Sec. 2.5.12 Planned Unit Development (PUD)
Section 2.5.12.B
B. Required Rezoning.
1. Rezoning Required. Any residential development that exceeds either the
minimum site size or number of dwelling units as indicated in Table 2.5.2 shall
be considered a PUD and shall be required to be rezoned to a PUD overlay zoning
district.
2. Reserved.
3. Explanation of Revisions: Amend Section 13.1.1 by adding a tax office to
the definition of office, business and professional.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 13.1.1. Definition Terms.
Section 13.1.1
Office, business and professional means an establishment providing executive,
management, and professional services to the public, including but not limited
to the following: advertising services, business offices of private companies,
business offices of utility companies, public or nonprofit agencies, trade
associations; employment offices, excluding day labor and labor pool services;
professional or consulting offices for accounting, architecture, computer
technology, design, engineering, landscape architecture, law, urban planning,
and similar professions; property and financial management, real estate;
secretarial and telecommunication services; travel agencies; and related
services.
Sec. 13.1.1. Definition Terms.
Section 13.1.1
Office, business and professional means an establishment providing executive,
management, and professional services to the public, including but not limited
to the following: advertising services, business offices of private companies,
business offices of utility companies, public or nonprofit agencies, trade
associations; employment offices, excluding day labor and labor pool services;
professional or consulting offices for accounting, tax office, architecture,
computer technology, design, engineering, landscape architecture, law, urban
planning, and similar professions; property and financial management, real
estate; secretarial and telecommunication services; travel agencies; and
related services.
4. Explanation of Revisions: Amend Section 13.1.1 by deleting licensed massage
therapist to the definition under personal services.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 13.1.1. Definition Terms.
Section 13.1.1
Personal services means an establishment providing services of a personal
nature that are necessary on a frequent or recurring basis. Personal services
may include the accessory retail sale of items related to service rendered.
Personal services typically include beauty and barbershops; clerical services;
dog grooming; garment repair; informational, instructional, personal
improvement, or services of a similar nature; fortune telling and similar
psychic services; and dry cleaning drop-off and pick-up stations; licensed
massage therapists; limited repair services; manicurists; photography studios;
spas; shoe repair and shoeshine parlors; tailoring; and tanning salons.
Sec. 13.1.1. Definition Terms.
Section 13.1.1
Personal services means an establishment providing services of a personal
nature that are necessary on a frequent or recurring basis. Personal services
may include the accessory retail sale of items related to service rendered.
Personal services typically include beauty and barbershops; clerical services;
dog grooming; garment repair; informational, instructional, personal
improvement, or services of a similar nature; fortune telling and similar
psychic services; and dry cleaning drop-off and pick-up stations; limited
repair services; manicurists; photography studios; spas; shoe repair and
shoeshine parlors; tailoring; and tanning salons.
5. Explanation of Revisions: Amend Section 3.2.50 by deleting the minimum
separation distance requirement for Personal Care Homes, Type I, under
subsection E and making the subsection reserved.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 3.2.50. Personal Care Home, Type I
Section 3.2.50.E
E. Minimum Separation Distance. At least 1,000 feet shall separate individual
Type I personal care homes.
1. Measurement of Distance. The separation distance shall be measured in a
direct line from the closest property line of one facility to the closest
property line of the other facility.
2. Variance or Waiver Prohibited. The Council or the Board of Zoning Appeals
shall not grant a variance or waiver to the required separation distance.
Sec. 3.2.50. Personal Care Home, Type I
Section 3.2.50.E
E. Reserved
6. Explanation of Revisions: Amend Section 2.1.6.D by deleting the minimum
property standards for detached nonresidential accessory structures and making
the subsection reserved.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 2.1.6. Accessory Structures
Section 2.1.6.D
D. Minimum Property Standards for Detached Nonresidential Accessory
Structures. Minimum and maximum standards shall comply with Table 2.1.5
Sec. 2.1.6. Accessory Structures
Section 2.1.6.D
D. Reserved
7. Explanation of Revisions: Amend Section 2.5.19.E.5 by adding some additional
parking options under subsection (C), deleting screening of parking areas under
subsection (D) and making subsection (D) reserved.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 2.5.19. U.S. Highway 80 Overlay District
Section 2.5.19.E.5.
Parking/Yard, Height and Setback.
(A) Location of Parking Areas. Buildings should be located at the corner of
sites closest to the road intersection, so that the parking areas are screened
by the building from view of any public road, and so that the travel path from
public sidewalks is shortened. Parking must be located in a way that is not
visually dominant. Parking between buildings and an arterial road is
discouraged, but if necessary, requirements of section 2.5.19.E.S.(D)
(Screening of parking areas) must be met. If parking is located in the side or
rear yards, any screening may be clustered and need not cover 100 percent of
frontage.
(B) Up to 25 percent of the required parking spaces for any development may be
reduced in total area, width, or depth for designated small vehicle parking.
Each small vehicle parking space shall not be less than eight feet in width and
17 feet in depth.
(C) All nonresidential developments shall meet the following requirements for
parking:
Gross Square Feet
Maximum percent of Parking Spaces Allowed in Front of Buildings
< 7,500
20 percent
7,501 to 25,000
30 percent
25,001 to 50,000
40 percent
50,000 >
50 percent
(D) Screening of Parking Areas. When parking areas are provided in a front
yard (in between a public road right-of-way and a principle building), a
minimum two and one-half foot high evergreen hedge or a landscaped earthen berm
shall be installed to obscure visibility of the parking lot from the corridor.
Screening may be located in the planting yard if it does not impede other uses
or purposes of the yard.
Sec. 2.5.19. U.S. Highway 80 Overlay District
Section 2.5.19.E.5.
Parking/Yard, Height and Setback.
(A) Location of Parking Areas. Buildings should be located at the corner of
sites closest to the road intersection, so that the parking areas are screened
by the building from view of any public road, and so that the travel path from
public sidewalks is shortened. Parking must be located in a way that is not
visually dominant. Parking between buildings and an arterial road is
discouraged, but if necessary, requirements of section 2.5.19.E.5.(C)
(Screening of parking areas) must be met. If parking is located in the side or
rear yards, any screening may be clustered and need not cover 100 percent of
frontage.
(B) Up to 25 percent of the required parking spaces for any development may be
reduced in total area, width, or depth for designated small vehicle parking.
Each small vehicle parking space shall not be less than eight feet in width and
17 feet in depth.
(C) All nonresidential developments shall meet at least one of the following
requirements:
(1)
Gross Square Feet
Maximum percent of Parking Spaces Allowed in Front of Buildings
< 7,500
20 percent
7,501 to 25,000
30 percent
25,001 to 50,000
40 percent
50,000 >
50 percent
(2) When parking areas are provided in a front yard (in between a public road
right-of-way and a principal building), a minimum 18-inch evergreen hedge shall
be installed to obscure visibility of the parking lot from the corridor. This
evergreen hedge must reach a minimum height of 2.5 feet within 2 years of
planting. Screening may be located in the planting yard if it does not impede
other uses or purposes of the yard.
(3) When parking areas are provided in a front yard (in between a public road
right-of-way and a principle building), a combination of landscaped earthen
berm and evergreen hedge with a minimum height of 18 inches shall be used. The
total height of landscaped earthen berm and hedge combination shall reach a
minimum height of 2.5 feet at planting. Screening shall be located in the
planting yard if it does not impede other uses or purposes of the yard.
(D) Reserved.
8. Explanation of Revisions: Amend Section 10.2.5.C by correcting various typos
pertaining with #3 to #4
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 10.2.5. Process for Zoning Changes
Section 10.2.5.C Planning Department Review
1. Report for Zoning Change Approval. A Planning Department staff report with a
recommendation of approval or conditional approval for a zoning change shall be
delivered to the Clerk of Council's Office. At such time, Planning Department
will advertise the date, time, and place for the public hearing in accordance
with Section 10.2.5.C.3(A).
2. Report for Zoning Change Denial. A Planning Department staff report with a
recommendation of denial for a zoning change shall be delivered to the Clerk of
Council's Office. The applicant for the change shall appeal the recommendation
to the City Council.
3. Notification for Affected Councilors. The Planning Department shall notify a
City Councilor of a proposed rezoning case in his/her council district. Said
notification shall take place upon submittal of the staff report(s) to the
Clerk of Council. At-large Councilors shall be notified of all proposed
rezoning cases upon submittal of the staff report(s) to the Clerk of Council.
(A) Time Period for Appeal. An appeal shall be made within two weeks after the
Clerk of Council receives the recommendation of the Planning Department.
(B) Effect of Appeal. If the applicant appeals, the Clerk of Council will
notify the Planning Department. At such time, Planning Department will
advertise the date, time, and place for the public hearing in accordance with
Section 10.2.5.C.3(A). If no appeal is made, the Council shall consider the
petition withdrawn by the applicant.
3. Public Notice - Prior to Council public hearing.
(A) Notification to the General Public.
(1) Newspaper Advertisement.
(a) At least 15 days but not more than 45 days prior to the public hearing,
notice shall be published in a newspaper of general circulation within the
city. The Planning Department shall prepare such notice, which shall state the
time, place and purpose of the hearing.
(b) The published notice shall include the location of the property, the
present zoning classification of the property, and the proposed zoning
classification of the property or the special exception use requested.
(2) Mail Notice to Surrounding Property Owners. If the proposed zoning change
was initiated by a party other than the City Council, the Planning Department
or the Planning Advisory Commission, mail notice shall also be given to
surrounding property owners as indicated below.
(a) At least seven days prior to the City Council meeting, the Planning
Department shall mail a notice to all persons owning property located within
300 feet of the proposed property that is the subject matter of the zoning
change. However, at the discretion of the Planning Director, notice shall be
mailed to property owners beyond the 300 feet notification requirement. If the
applicant is also the owner of the property adjacent to the proposed property
to be rezoned, notice shall be mailed to property owners within 300 feet beyond
the applicant-owned adjacent property, or farther if the Planning Director
deems appropriate. The written notice shall be mailed to the property owners as
such names and addresses appear on the County's ad valorem tax records.
(b) The notice shall state the time, place and purpose of the City Council
meeting.
Sec. 10.2.5. Process for Zoning Changes
Section 10.2.5.C Planning Department Review
1. Report for Zoning Change Approval. A Planning Department staff report with a
recommendation of approval or conditional approval for a zoning change shall be
delivered to the Clerk of Council's Office. At such time, Planning Department
will advertise the date, time, and place for the public hearing in accordance
with Section 10.2.5.C.4(A).
2. Report for Zoning Change Denial. A Planning Department staff report with a
recommendation of denial for a zoning change shall be delivered to the Clerk of
Council's Office. The applicant for the change shall appeal the recommendation
to the City Council.
3. Notification for Affected Councilors. The Planning Department shall notify a
City Councilor of a proposed rezoning case in his/her council district. Said
notification shall take place upon submittal of the staff report(s) to the
Clerk of Council. At-large Councilors shall be notified of all proposed
rezoning cases upon submittal of the staff report(s) to the Clerk of Council.
(A) Time Period for Appeal. An appeal shall be made within two weeks after the
Clerk of Council receives the recommendation of the Planning Department.
(B) Effect of Appeal. If the applicant appeals, the Clerk of Council will
notify the Planning Department. At such time, Planning Department will
advertise the date, time, and place for the public hearing in accordance with
Section 10.2.5.C.4(A). If no appeal is made, the Council shall consider the
petition withdrawn by the applicant.
4. Public Notice - Prior to Council public hearing.
(A) Notification to the General Public.
(1) Newspaper Advertisement.
(a) At least 15 days but not more than 45 days prior to the public hearing,
notice shall be published in a newspaper of general circulation within the
city. The Planning Department shall prepare such notice, which shall state the
time, place and purpose of the hearing.
(b) The published notice shall include the location of the property, the
present zoning classification of the property, and the proposed zoning
classification of the property or the special exception use requested.
(2) Mail Notice to Surrounding Property Owners. If the proposed zoning change
was initiated by a party other than the City Council, the Planning Department
or the Planning Advisory Commission, mail notice shall also be given to
surrounding property owners as indicated below.
(a) At least seven days prior to the City Council meeting, the Planning
Department shall mail a notice to all persons owning property located within
300 feet of the proposed property that is the subject matter of the zoning
change. However, at the discretion of the Planning Director, notice shall be
mailed to property owners beyond the 300 feet notification requirement. If the
applicant is also the owner of the property adjacent to the proposed property
to be rezoned, notice shall be mailed to property owners within 300 feet beyond
the applicant-owned adjacent property, or farther if the Planning Director
deems appropriate. The written notice shall be mailed to the property owners as
such names and addresses appear on the County's ad valorem tax records.
(b) The notice shall state the time, place and purpose of the City Council
meeting.
Tables
9. Explanation of Revisions: Amend Table 2.3.1. by deleting the minimum lot
size requirement in parenthesis for NC and the number 2 under notes for NC and
CO.
Table 2.3.1
Consolidated Property Development Regulations: Commercial Zoning Districts
Property Development Regulations
Minimum Required
Yard/Setback (Feet)
Zoning District Min. Lot Size (Square Feet) Max. Density (Units per Acre) Max. Lot Coverage Min. Lot Width
(Feet) Max. Bldg Height (Feet) Front Side Side
Corner Rear Notes
UPT
?Multifamily and Condo 4,000 None 100% 40 150 25 12 25 40
?Nonresidential Uses 4,000 None 100% 40 150 25 0/153 0 0
?Mixed Uses 4,000 None 100% 40 150 0 0/153 0 0 2
CRD See Requirements For UPT Zoning District
NC 4,000
(1,000) None 100% 40 50 20 0/153 20 0/153 2
RO
?Townhouse 1,800
(1,800) 18 50% 20 35 20 8 20 30
?Multifamily and Condo 10,000
(1,000) 43 100% 75 150 25 12 25 40
?Nonresidential Uses 10,000 43 100% 75 150 25 12 25 40
?Mixed Uses 10,000
(1,000) 43 100% 75 150 25 12 25 40 2
CO 3 acres
(21,780) None 50% 110 125 0 0/153 0 0/153 2,4
GC 4,000 None 100% 40 70 20 0/153 20 0/153
SAC 130,680 None 80% 300 120 40 20 20 20
Notes.
1 Number of square feet in parenthesis is the minimum lot area per individual
dwelling unit.
2 Residential uses are to be located above the ground floor.
3 15 feet when abutting a residential zoning district.
4 See Section 2.3.6 for minimum lot size within property zoned CO.
10. Explanation of Revisions: Amend Table 2.1.5. dealing with minimum setbacks
for detached accessory nonresidential structures by deleting it entirely and
replace it with the following:
Table 2.1.5.
Minimum Setbacks for Detached
Accessory Nonresidential Structures (2)
Dimensions Standard
Maximum Height (feet) Per current building code(1)
Maximum Lot Coverage Included in coverage for principal structure
Minimum Setbacks (feet)
Front Same as principal structure
Side Same as principal structure
Side Corner Same as principal structure
Rear Same as principal structure
Minimum Building Separation Per current building code
Note.
() No more than principal structure.
(2) Signs, lighting standards, billboards, public utility substations, service
station canopies, satellite receivers and any other structure not specifically
addressed must comply with the requirements of this ordinance and the authority
having jurisdiction
11. Explanation of Revisions: Amend Table 3.1.1. by permitting massage therapy
in the HIST zoning district:
Use
Category HIST RE10 RE5 RE1 RT SFR1 SFR2SFR3 SFR4 RMF1 RMF2 MHP UPT CRD NC RO CO GC SAC LMI HMI TECH NOTES
Massage Therapy P P P P P *
- PLANNING ADVISORY COMMISSION RECOMMENDATION
- The Planning Advisory Commission (PAC) considered this text amendment at their
meeting on April 16, 2014. The PAC recommended Approval.
- PLANNING DEPARTMENT RECOMMENDATION
- The Planning Department recommends Approval.
- MAPS & PHOTOS