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Home My WebLink AboutA001 - Memo from Planning with proposed ordinance changes Memo Housing Caring People Quality Programs Frron�innn l.Carvira TJUN 2 5 2008 CITY CLERK CITY OF P,MFS,10WA TO: Doug Marek, City Attorney Jill Grimsley, Administrative Assistant, City Attorney's Office Diane Voss, City Clerk FROM: Cindy Hollar, Secretary DATE: June 25, 2008 SUBJECT: Zoning Ordinance Text Amendments Pertaining to Nonconforming Structures Last night (June 24, 2008), the City Council referred to the Planning and Zoning Commission an amendment to Municipal Code Section 29.307(3)(d) regarding nonconforming structures. The Planning and Zoning Commission will be reviewing this proposed amendment at its meeting of July 2, 2008. The City Council will be reviewing this proposed amendment at its meeting of July 15, 2008. I have attached a copy of the Council Action Form from the Council meeting of June 24, 2008, as well as a copy of an Ordinance prepared by Charlie Kuester. Please contact Charlie Kuester at extension 5400 if you have any questions regarding this agenda item. \clh Attachments c: Charlie Kuester S:\Council Boards Commissions\PZ\Memos\Memo to Clerk-Attorney Regarding Text Amendment for Nonconforming Structures-06-25-08.doc ITEM # DATE 06/24/08 COUNCIL ACTION FORM SUBJECT: PROPOSED TEXT AMENDMENT REGARDING NONCONFORMING STRUCTURES BACKGROUND: The Ames Municipal Code, Section 29.307(3)(d) currently reads: Pi2' -i- Q�YY�¢_rli� "(d) Enlargement and Expansion. A nonconforming structure may not be-� enlarged, expanded or extended unless it conforms to the requirements of this ordinance." This section describes when "non-conforming structures" may be allowed to expand. A non-conforming structure is one that does not meet the current zoning ordinance, such as required setbacks, lot coverage, height limits, etc. Limits are generally placed on expansions of non-conforming structures so that improvements and additions do not increase the degree of non-conformity, thus impacting adjacent properties and the neighborhood. In a recently proposed development, the City legal department has given the opinion that the word "it" in the current ordinance refers to the nonconforming structure, rather than to any enlargement, expansion, or extension of the non-conforming structure. This interpretation has the affect of requiring the existing structure, even if legally built at one time, to be brought into conformance with the existing code before any addition can be added. As a result, homeowners must now seek a variance (or physically alter the existing structure) if the structure fails to meet current zoning requirements, even though the proposed addition does meet them. Previous interpretations of this section of the code has been that if an addition is proposed for a structure that does not currently meet setbacks, the addition would be allowed as long as it meets setbacks. As an example: a house that was built in 1945, prior to the current zoning ordinance, has a 6-foot setback on the north side (the requirements at the time it was built). Since then, the zoning code has been rewritten and side setbacks now require 8 feet. The homeowner wishes to place a deck on the south side of the house and meets all the required setbacks. Under this new legal interpretation, she would need to seek a variance for the encroachment on the north side before being issued a building permit for the deck. If the proposed amendment were approved, she would be allowed to build the deck without seeking a variance since the deck itself would meet all current zoning regulations. The proposed text amendment would replace this section with: "(d) Enlargement and Expansion. A nonconforming structure may not be enlarged, expanded or extended unless it the enlargement, expansion, or extension conforms to the requirements of this ordinance." This proposed text amendment restores what staff assumes was the City Council's original intent when dealing with nonconforming structures. Since this interpretation has been incorporated into the site review process, several projects have been delayed or abandoned. The Zoning Board of Adjustment has been addressing about one case every meeting due to this interpretation. Many of the requested variances or exceptions have been granted, but have added additional delays and costs to the project. Many of the projects are small residential projects proposed by homeowners, although a couple have been larger, commercial redevelopments. In a continual effort to reduce delays and costs to homeowners as they seek to improve and invest in their homes, while still protecting the intent of the zoning code, staff has formulated the proposed text amendment as a means to restore what staff believes was the City Council's intent when the zoning ordinance was adopted and to restore what has been previous practice and interpretation. ALTERNATIVES: 1. The City Council can refer this proposed text amendment to the Planning and Zoning Commission for a recommendation. It would be presented to the Planning and Zoning Commission at the July 2 meeting and return to the City Council for adoption as soon as practical. 2. The City Council can choose not to refer this proposed text amendment to the Planning and Zoning Commission for a recommendation. MANAGER'S RECOMMENDED ACTION: This proposed text amendment would bring the language concerning nonconforming structures back in line with previous understandings and practices. This would better serve the customer and the City's interests. The customer is better served by reducing time delays and costs for minor home improvements. The City is better served by reducing barriers to continuous improvements to neighborhoods and investments in private property. It is the City Manager's recommendation that the City Council act in accordance with Alternative #1, which is to refer this proposed text amendment to the Planning and Zoning Commission for a recommendation. SACouncil Boards Commissions\CC\Zoning Ord Text Amend\29.307 Nonconforming structures.doc 2 ZONING ORDINANCE TEXT AMENDMENT SUPPLEMENTAL INFORMATION Reasons for the Zoning Text Amendment The City legal department has recently opined that the word "it" in the current ordinance refers to the nonconforming structure, rather than an enlargement, expansion or extension. Homeowners now must seek a variance if an existing structure fails to meet zoning requirements, even though the proposed addition does meet them. As an example: a house that was built prior to the current zoning ordinance has a 6-foot setback on the north side, although the zoning code now requires 8 feet. The homeowner wishes to place a deck on the south side of the house and meets all the required setbacks. With this current interpretation, she would need to seek a variance for the encroachment on the north side before being issued a building permit for the deck. If the amendment were approved, she would be allowed to build the deck since it meets all current zoning regulations. Previous practice has been that if an addition is proposed for a structure that does not currently meet setbacks, the addition would be allowed as long as it meets setbacks. General Description of Affected Properties The text amendment would apply to every property within the city which may have a non-conforming structure. Consistency with the Land Use Policy Plan This proposed amendment is rather small. There is no indication that it is contrary to the LUPP. Existing and Proposed Language This proposed amendment is to the Ames Municipal Code, Section 29.307(3)(d), which currently reads: "Enlargement and Expansion. A nonconforming structure may not be enlarged, expanded or extended unless it conforms to the requirements of this ordinance." The proposed text amendment would replace this section with: "Enlargement and Expansion. A nonconforming structure may not be enlarged, expanded or extended unless it the enlargement, expansion. or extension conforms to the requirements of this ordinance." ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.307(3)(d), FOR THE PURPOSE OF ALLOWING FOR ENLARGEMENT OF NONCONFORMING STRUCTURES; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 29.307(3)(d)as follows: "Sec.29.307(3)(d). Enlargement and Expansion. A nonconforming structure may not be enlarged, expanded or extended unless the enlargement,expansion,or extension conforms to the requirements of this ordinance." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable by a penalty of$500 for a first violation and$750 for each repeat violation. Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 12008. Diane R. Voss,City Clerk Ann H. Campbell,Mayor 00978 Cindy L Hollar/COA To Diane R Voss/COA@COA `~~ 41OP40 06/18/2008 12:01 PM cc bcc Subject Re: Text Amendments[I Diane, I just spoke to Charlie and you can go ahead and take July 8 as a Council meeting out of the mix. I will keep you posted on the status of the 15th as I learn more. Thanks! Cindy Hollar, Secretary Department of Planning & Housing Phone: (515)239-5298 Fax: (515)239-5404 chollar@city.ames.ia.us Diane R Voss/COA Diane R Voss/COA 06/18/2008 11:46 AM To Cindy L Hollar/COA@COA cc Subject Re:Text AmendmentsE i Cindy: I would need specific wording so that I could prepare the notice to publish. If it is going on July 8: Publish by June 27 Send by June 23 at 3 PM If it is going on July 15: Publish by July 3 (due to not publishing on the 4th and not publishing on Mondays) Send by June 30 at 3 PM Please let me know. Thanks! Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 �+ a Cindy L Hollar/COA To Diane R Voss/COA@COA ■ N OVQ 06/18/2008 08:24 AM cc bcc ItIr Subject Text Amendments Diane, Charlie may be taking a text amendment to P&Z on July 2. 1 was wondering what your time line is if the amendment would go to Council on July 8 or the 15th and what you would need from us. Cindy Hollar, Secretary Department of Planning & Housing Phone: (515)239-5298 Fax: (515)239-5404 chollar@city.ames.ia.us I� Doug Marek/COA To Diane R Voss/COA@COA 06/25/2008 06:25 PM cc bcc Subject Re:Approval of Notices of Hearing[) I reviewed both notices. I approve both as to form and legality. I'm sorry for the short notice, too. Our office is without ProLaw for the second day. It's kind of like having the door to the file room locked. Nothing can go into or out of any of the files. Anything we do outside of ProLaw will have to be added to the system later. Doug Marek Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-239-5146 Fax: 515-239-5142 E-mail: dmarek@city.ames.ia.us Diane R Voss/COA Diane R Voss/COA 06/25/2008 04:14 PM To Doug Marek/COA@COA cc Subject Approval of Notices of Hearing Doug: Please review the attached Notices. I'm sorry that I have such a tight time frame, but I do need them yet today, if possible, to send to the Tribune. Whoever decided to take our computers down on the day of and day after Council should have to pay for the Advil I've had to take to ward off a migraine headache...it's not just me, of course, as everyone is stressed over it. I just have the impending publication deadlines looming over my head. Diane [attachment"Sale of Alley (1112 Grand Avenue).txt" deleted by Doug Marek/COA] [attachment "ZONCHG02.071508.txt" deleted by Doug Marek/COA]