HomeMy WebLinkAboutA001 - Commission Action Form dated August 19, 2020 ITEM: 6
DATE: 08/19/20
COMMISSION ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT TO SETBACK ENCROACHMENTS AND
PROJECTIONS
BACKGROUND
In response to a general code cleanup assessment included as part of the Planning Division
work plan, staff has reviewed certain development standards for consistency with terminology
and development review practices. The intent is to clarify interpretations and standards,
particularly as it relates to allowing extensions into front, side and rear yard setbacks, and to
provide property owners with options when planning for new homes, or additions to existing
homes.
Staff identified updates to this section in response to interpretations of current terminology,
duplicative standards. and an interest in facilitating front porch entrance improvements for older
homes. Proposed changes include definitions that are needed for several of the terms used
in this section of the Code as well as an update of terminology and standards. (See Attachment
A: Proposed Revisions.)
Section 29.402(2)(a) of the Municipal Code specifies which features of principal buildings and
other structures are allowed to extend into required building setbacks. There are two
categories for extensions into setbacks. One category is "minor projections allowed," and
the other is "full projections allowed." Minor projections are allowed to extend up to three (3)
feet into the required building setback; however, such projections may be no closer than three
(3) feet to a lot line. Full projections are currently allowed to extend fully into required setbacks.
Porches are not included in either category. A porch may project into the required front yard
not more than eight (8) feet, and required side yard not more than three (3) feet, and the
required rear yard not more than eight (8) feet, provided that the portion of the porch extending
into the required yards is fully open except for support columns and balustrades. The current
language is included as Attachment A.
Staff propose updates to minor projections by cleaning up current terminology. Fire escapes
would no longer be described as "open or lattice enclosed." Uncovered stairways would be
further defined as 'leading to an upper story entrance or deck.' Previously stairways were
described in both minor and full projections with no distinguishable differences.
Staff proposes a new exception category for architectural features that are principally meant to
enhance the entrance to a home or create outdoor usable space. Architectural features are
attached and protruding from building facades at first floor building entrances, such as porches,
stoops, porticos, decks, pergolas, marquees, and canopies. These features may project into
a front and street side setback as much as eight ((8) feet, the required side setback not more
than three (3) feet, and the required rear setback not more than eight (8) feet. The feature
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must be open without walls, screening, windows or doors, and be no closer than three feet to
property lines. except as allowed under zoning development standards for each zone.
Greater flexibility for decks is proposed by including decks as an architectural feature in the
proposed revisions, instead of as a minor projection, which would allow for an extension into
the front yard of eight (8) feet, instead of three (3) feet. Currently. decks of less than 24 inches
are permitted as full encroachments and this is maintained as an option. but if it is taller than
24 inches it is subject the architectural feature standards. Ramps would be described as
'accessible" rather than as "wheelchair" ramps and would be allowed to fully project into the
required setback. not limited to three (3) feet, which is the current standard.
Commercial areas allow for awnings and canopies to project fully into a setback, which in some
cases can completely defeat the intent of building setbacks for commercial properties by
allowing for full coverage of a yard area. The language is being updated to clarify their meaning
and their allowances. The intent is to address the traditional purpose of these projections for
pedestrian entrances to buildings.
In further clarifying full projections, stairways include landings and ramps are to lead directly to
a first floor or basement building entrance. The current language would allow for full projections
regardless of what level of a building it served, which was contrary to allowances of minor
projections. At-grade steps, above-grade steps up to three feet in height, are further clarified
to include associated handrails, sidewalls and landings.
Signage is regulated by Chapter 21 of the Ames Municipal Code and some commercial zones
within the Zoning Ordinance, Chapter 29. Due to discrepancies in free standing sign definitions
and allowances, staff proposes to limit free standing sign exceptions to ground, monument,
and poles signs to less than 150 square feet of coverage by either the base/support of the sign
or the cabinet of the sign. For reference, this allowance accommodates large signs such
Lincoln Center freestanding sign at the corner of Lincoln Way and Grand Avenue. Traditional
wall sign and projecting sign encroachments will continue to be allowed as full projections.
Refinements to the language in Section 29.402 (see Attachment B: Proposed Revisions) will
provide greater clarity and flexibility in the application of standards for projections into required
setbacks. Consistent application of the Code provisions for extensions into required building
setbacks will be enhanced by the added clarity of the proposed revisions.
ALTERNATIVES:
1 . The Planning and Zoning Commission can recommend that the City Council adopt the
proposed text amendments for extensions into required building setbacks. With this
recommendation staff would work with the City's Legal Department and Building
Inspections Division to finalize changes and prepare a draft ordinance for City Council
approval.
2 The Planning and Zoning Commission can recommend that the City Council adopt
alternative revisions to the zoning standards for extensions into required building setbacks.
3. The Planning and Zoning Commission can recommend the City Council take no action to
amend the Ordinance, thereby not to adopt the proposed zoning text amendments for
extensions into required building setbacks.
RECOMMENDED ACTION:
The proposed zoning text amendments clarify requirements and expectations for the extension
of building features into required setbacks, as well as, offer additional flexibility in the
application of such extensions. This will provide property owners with a better understanding
of what is allowed by the Code as they prepare plans for new structures and additions to
existing structures.
Therefore, it is the recommendation of the Department of Planning and Housing that the
Planning and Zoning Commission approve Alternative #1.
Attachment A
Sec. 29.402. SETBACKS.
(1) Building Setback Standard. Lxt;ept as provided below,all buildings and structures. Principal and
Accessory,shall be located to comply with the minimum and maximum Building Setbacks established for Principal and
Accessory Buildings listed in each Zone Development Standards Table,Supplemental Development Standards Table,
condition or other regulation applicable to the lot or the use being employed at the site.
(2) Extensions into Required Building Setbacks.
(a) Principal Buildings.
(i) Minor projections allowed. Minor features of building.such as caves,chimneys,
open or lattice-enclosed fire escapes, bay windows, uncovered stairways, wheelchair ramps. and uncovered decks or
balconies,may extend into a required setback up to 3 feet. Such projections.however,nrn be no closer than 3 feet to
a lot line.
60 Full projections allowed. In addition to the minor projections listed in the previous
section, the following features are allowed to fully project into required setbacks:
a. Canopies. marquees. awnings and similar teatures in commercial and
industrial zones;
b. Stairways and wheelchair ramps and associated handrails that lead directly
to a building entrance;
C. Driveways,patios,sidewalks,and similar at-grade surfaces;
d. Uncovered decks no higher than 24 inches above finished grade,
C. Retaining walls that retain till and which arc up to four feet in height in front
setbacks and up to six feet in height in side and rear setbacks.
f. Retaining walls of any height that retain existing natural grade;
g. At-grade steps,above-grade steps up to three feet in height,and
associated handrails:
It. Arbors with a footprint no greater than 10 square feet; fountains and
statuary up to four feet in height,constructed ponds and waterfalls at or below finished grade.and similar incidental
landscape accent;
i. Mechanical Units(in rear and side yards only);
j. Play structures(in rear and side yards only),no closer than 3 feet to
property lines;
k. Fences as allowed in Section 29.408(2);
1. Planter boxes'walls at allowable fence heights;
in. Alternative Energy devices as allowed in Sections 29.1309 & 29.1310:
n. Satellite dishes less than 24 inches in diameter;
o. Flagpoles and lamp poles;
p. Signs(as otherwise allowed by code);
y. Public Art when located within a public art casement accepted by the
City of Ames.
(Ord. A"o. 4356, 6-12-18)
r. Bicycle Parking Systems.Bicycle Parking Systems may be located to
the front setback of nonresidential zoning districts when it is no higher than four feet in height and it does not
interfere with required landscaping. This exception does not allow for parking areas where otherwise not permited.
(Ord. No 4394: 10-8-191
(iii) Porches. A porch may project into the required front yard not more than 8 feet.
the required side yard not more than 3 feet,and the required rear yard not more than 8 feet.provided that the portion
of the porch extending into required yards is fully open except for support columns and balustrades.
(Ord. No. 4098, 01-10-12)
(3) Setbacks in Lots Abuttinp Residential Zones. In all zones other than Residential Base Zones.
Building Setbacks along lot lines that abut lots in Residential Zones must conform to the landscaping standards set
forth in the applicable Zone Development Standards Table.
(4) Through Lots and Corner Lots.On through lots.and corner lots with two or more abutting
streets,except lots within the RL. RM.and UCRM Zoning Districts,the required front setback shall be provided on
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Attachment B: Proposed Draft Revisions
See. 29.201. DEFINITIONS.
(17) Awning means an architectural projection that provides weather protection, identity or decoration
and is wholly supported by the building to which it is attached. An awningis s comprised of a lightweight
skeleton structure, over which a covering is attached. Some awnings are fixed, and some awnings can
be folded up against the building , a4aehed to and der-i-Ang its
suppei4 fiem ffamewer-k, posts or- othef means independent ef a eenneeted str-uetur-e for- the ptwpose e
shielding a platfiarm, steep or-sidewalk frem the elements or-a r-eef like stFdetui-7e ef a pefmanent nature
(17a) Balcony means a small platform on the outside of a building, enclosed by balustrades or railing
(including kneewalls), sometimes supported by columns or console brackets. The platform is projecting
from the wall of a building and is usually above the ground floor.
(27) Building Coverage means the area of a lot covered by buildings or roof areas, including eever-ed
porches, stoops, and canopies, accessory buildings and areas for outdoor storage, but excluding minor
projections such as allewed pFejeeting eaves, uncovered balconies, and similar features.
(30a) Canopy means an overhead roofed structure that has open sides. Canopies are typically used for
shelter from the rain or sun, but may also be used for decorative purposes, or to give to a part
of a building. For a canopy to be considered an architectural (detail) feature of a building, it must be a
permanent roofed structure of rigid construction attached to and deriving at least half of its support from
the exterior wall of the principal structure and adding to the architectural character of the building Note
a gas station canopy is not subject to this definition when situated over fuel pumps.
(49a) Deck means an uncovered gnA:2 a platform built above grade and typically supported by pillars
or posts and may include railing. If the deck is detached from the principal building it is an accessory
structure.
(109b) Landing means a level area at the top of stairs at an entrance or between one flight of stairs and
another and may be considered part of a stairway.
(133a) Marquee means a permanent, roofed structure projecting from the facade of a commercial
building and fully supported by the building_
(157a) Pergola means a structure of vertical posts or columns that support a series of cross-beams or a
sturdy open lattice providing limited shade and visual interest, but without a roof. Pergolas maybe
attached to a building as an architectural feature to provide enhanced visual interest. In a garden
environment, freestanding pergolas are often used to support vines and plants that provide shade and
shelter.
(160) Porch means a roofed area with a minimum depth of six feet, attached at the first floor level of a
building at a building entrance. A Porch must be open on two or more sides but may include support
columns, piers, and balustrades or railing (including kneewalls). A porch becomes a room when the
space is enclosed with walls, screening, windows and/or door.
that it may be enelesed with ser-eens or- lattieewofk.
a building pfeviding a eever-ed shelter-at a building entfanee. A Per-eh is epen en at least one side,e*eept
(218)Stoop means a roofed space outside the main walls of the building that serves as a covered entrance
for a building that is supported by columns,posts or brackets. A stoop is not enclosed,but does provide
shelter. A stoop is smaller than a porch.
Sec. 29.402. SETBACKS.
(1) Building Setback Standard. Except as provided below, all buildings and structures, Principal and
Accessory, shall be located to comply with the minimum and maximum Building Setbacks established
for Principal and Accessory Buildings listed in each Zone Development Standards Table, Supplemental
Development Standards Table, condition or other regulation applicable to the lot or the use being
employed at the site.
(2)Extensions into Required Building Setbacks.
Certain building elements and site features are allowed to be located within or project into required
setbacks. Extensions of architectural features into nonconforming setbacks may be granted as a minor
area modification under Section 29.1506.
If an item is not specifically identified below, the Zoning Enforcement Officer may make a zoning
interpretation and determination based upon similarity to another listed item.
(a) pf-ineipal Buildings.
La)(O Minor projections allowed. Minor features of a building, such as eaves, chimneys, open
or' iee enelesed fire escapes, bay windows, window wells, uncovered stairways(leadingto an
upper story entrance or deck), wheelokair-r-amps, Awnings=and uncovered deeks e balconies,
may extend into a required setback up to 3three feet. Such projections,however,may be no closer
than 3three feet to a lot line.
th)(0 Architectural Feature Projections. Architectural features attached and protruding from
building facades at first floor building entrances (such as porches, stoops, porticos, decks,
pergolas, marquees, and canopies) may project into a front and street side
setback as much as eight feet, the required side setback-}awd not more than three feet, and the
required rear setback not more than eight feet, provided that the feature extending into
required setbacks-ems is open without walls, screening, windows or doors and is no closer than
three feet to property lines, except as allowed under zoning development standards. An enclosed
porch may not project into a required setback, see definitions.
U Full projections allowed. In addition to the minor projections listed in the previous section,
the following features are allowed to fully project into required setbacks:
a.b: Uncovered stairways (including landings) and "'"�. ee1ehairaccessible access ramps
and associated handrails that lead directly to a first floor or basement building entrance;
b. At-grade steps, above-grade steps up to three feet in height, and associated handrails,
sidewalls, and landings;(moved)
e- ; (moved)
Uncovered decks no higher than 24 inches above finished grade;
c.,--Retaining walls that retain fill and which are up to four feet in height in front setbacks
and up to six feet in height in side and rear setbacks.
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d.€-Retaining walls of any height that retain existing natural grade;
steps, above grade steps up to three feet in height, and asseeiated handr-ail-s-,
(moved)
e. Driveways, patios, sidewalks, and similar at-grade surfaces; (moved)
f.h: Landscape accents, including but not limited to arbors Arbors with a feetpr-iat
greater- than 10 square feet; fountains and statuary up to four feet in height, and
constructed ponds and waterfalls at or below finished grade, and sifn lnr iflei entnl
landscape-aee-eat;
g_i-. Mechanical Units(in rear and side yards only and no closer than three feet to property
lines);
Play structures (in rear and side yards only), no closer than 3-three feet to property
lines;
i.k-. Fences as allowed in Section 29.408(2);
L4-. Planter boxes/walls at allowable fence heights;
k.ffi-:Alternative Energy devices as allowed in Sections 29.1309 & 29.1310;
Lfi Satellite dishes less than 24 inehes one meter in diameter;
m.e Mailboxes, cluster box units, flagpoles.,,and lamp poles;
n.�Signs-are subject to the standards of Chapter 21 and Chapter 29. Free standingsigns
described as ground, or monument signs, including any support structure of said
signs, of less than 150 square feet of coverage. Signs attached to a principal buildings,
such as wall signs and projecting signs, that do not have support extendingto o the
o.�Public Art when located within a public art easement accepted by the City of Ames.
p:� Bicycle Parking Systems. Bicycle Parking Systems may be located in the front
setback of nonresidential zoning districts when it is no higher than four feet in height and
it does not interfere with required landscaping. This exception does not allow for parking
areas where otherwise not permitted.
,l yard net more than 3 feet, n ,l„ the required rear- ra not fn o than 8 feet, „ llll.ided that t the
r4' of the peF,.1, extending e into a r-ds epen v o fully pt f .,,.t eolumns .l an
(moved and redefined)
See. 29.1506. EXCEPTIONS.
(4) When Authorized. ...
(d) Exceptions for minor area modifications. ...
(vi) extension of architectural features of up to six feet into a required building setback pursuant
to Sec. 29.402. when the setback of the principal building is non-conforming.An approved minor
area modification shall provide for a minimum usable area and aesthetic compatibili of the
feature while preserving compatible open yard areas intended within the zone.
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