The URL can be used to link to this page

Home My WebLink AboutA001 - Commission Action Form dated November 3, 2011 ITEM: 6 DATE: 11/03/21 COMMISSION ACTION FORM SUBJECT: TEXT AMENDMENT TO THE STANDARDS FOR DETACHED GARAGES & ACCESSORY BUILDINGS AND NONCONFORMING STRUCTURES BACKGROUND: Grant Thompson, of 407 Pearson Avenue in Country Club Estates, contacted Council Member Betcher (Attachment A) and other City Council members regarding his inability, by Code, to demolish and rebuild an existing, nonconforming, detached garage in the same location (Aerial & Setbacks in Attachment B. Relevant Code in Attachment C). The garage is at the rear corner of the lot, with a straight driveway leading from the street. Mr. Thompson's garage is considered nonconforming with regard to its side and rear setbacks. Mr. Thompson has stated that the garage is deteriorating, and he would like to replace it in the same location. Due to the configuration of the house on the lot, complying with the setbacks for a new garage will mean that the rear yard is mostly occupied by the new structure. While having a garage is not a right guaranteed by the Zoning Ordinance, nor is it even required, it is generally recognized as desirable along with having usable yard space on a property. City standards address placement of detached structures and allow for remodeling and rehabilitating the nonconforming garage, replacement of a nonconforming structure, however, is prohibited. At its meeting on October 12, 2021, City Council reviewed a staff report that provided background and included options for how to address conditions related to nonconforming accessory buildings and the general setback requirements for accessory buildings. Staff outlined options for reducing setbacks for all accessory buildings, addressing nonconforming buildings only, or creating a Zoning Board of Adjustment exception process. Typically, the City's residential zoning districts have 20-foot rear setbacks and 6-foot interior side setbacks for one-story homes or 8-foot interior setbacks two-story homes. Detached accessory buildings also have a maximum height limitation of up to 20 feet, a maximum size of 900 feet, and a maximum cumulative rear yard coverage of 25%. The City, however, allows for reduced setbacks down to 3 feet in certain situations where the detached accessory building is placed in the rear yard directly behind a home and on some corner lots depending on the configuration. (Attachment C includes current code standards. Attachment D illustrates current zoning setback requirements.) Commonly, older detached garages located on interior lots are not located directly behind a home due to driveway orientation and encroach into side and rear setbacks. This is the case on Mr. Thompson's lot. Nonconforming garages and accessory buildings are not unique to Mr. Thompson's property. Staff did a visual survey of recent (2021) aerial photography for areas north of 1 Downtown and south of Campus that are known to have a significant number of detached garages and determined that over 600 properties (out of 1.108) likely have accessory buildings that are nonconforming in either the rear setback. the side setback. or both (Attachment E). Similar nonconformities can be found in other neighborhoods. Staff reviewed zoning ordinances from four other Iowa cities pertaining to accessory buildings. Ames and the other cities all allow for reduced setbacks for accessory buildings. though each code has its nuance. Codes might also address accessory building square-footage and/or the percentage of a lot occupied by such a building. Generally, the reduced setbacks in Ames and other cities are either 3 or 5 feet. Such standards seek to balance spacing and setbacks with flexibility for a property owner (Attachment G). City Council gave direction to staff to proceed with two text changes in response to Mr. Thompson's request and the general standards for accessory building setbacks: 1. Modify the current rear yard accessory building setback exception of 3 feet to apply to any building in the rear yard whether it is wholly behind the primary building [the current standard) or partially behind the primary building. and 2. Amend standards for nonconforming structures to enable existing accessory buildings to be demolished and replaced in the same location with the same dimensions. In response to City Council's direction, staff is proposing text changes as shown in Attachment C. Although these changes are designed primarily to address City Council's direction, they also include changes intended to help clarify how standards are applied in relation to reduced setbacks. The proposed changes will apply citywide. A complete assessment of all related standards, such as front yard setbacks, maximum height, maximum size, rear yard coverage, and minimum usable size of garage is not part of the proposed changes. STAFF COMMENTS: Standard residential setbacks are generally a matter of convention and taste and have evolved over time along with changes to building and fire codes and transportation technology (primarily the automobile). Ames's single-family residential setbacks are in line with those of cities around the country. Buildings in proximity to one another do not pose a threat to life, so long as proper precautions are made to prevent the spread of fire. Changing either the garage setback standards and/or the nonconforming standards will affect all properties in the City, allowing increased owner flexibility for siting for accessory buildings. Neighboring properties, however. would then have structures closer to their lots. The primary issues of the proposed changes are consistency in standards. compatibility, and usability. Nonconforming Setbacks The proposed change allows for the reconstruction of a setback-encroaching accessory building if the new building is the same size and in the exact same location as the old Attachment C Zoning Code: Proposed Text Changes for Nonconformities & Detached Garages and Accessory Buildings Staff proposes the following changes to the Zoning Ordinance. Text to be removed is struck- through. Text to be added is underlined. Sec. 29.307 Nonconformities (1) General. (a) Purpose. It is the general policy of the City to allow uses, structures and lots that came into existence legally, in conformance with then-applicable requirements, to continue to exist and be put to productive use, but to mitigate adverse impact on conforming uses in the vicinity. This Section establishes regulations governing uses, structures and lots that were lawfully established but that do not conform to one or more existing requirements of this Ordinance.The regulations of this Section are intended to: (i) Recognize the interests of property owners in continuing to use their property; (ii) Promote reuse and rehabilitation of existing buildings; and (iii) Place reasonable limits on the expansion of nonconformities that have the potential to adversely affect surrounding properties and the community as a whole. (b) Unsafe Situations. Nothing in this Section shall be construed to permit the continued use of a building or structure found to be in violation of building, basic life safety or health codes of the City.The right to continue any nonconformity shall be subject to all applicable housing,building,health and other applicable life safety codes. (c) Repair and Maintenance. Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming use or on a nonconforming structure. Nothing in this Section shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an order of the Building Official. (d) Accessory Uses and Structures.Nonconforming accessory uses and nonconforming accessory structures shall be subject to all provisions that govern Principal Uses and structures. (e) Determination of Nonconformity Status. (i) Whether a nonconformity exists shall be a question of fact to be decided by the Zoning Enforcement Officer, subject to appeal to the Zoning Board of Adjustment. (ii) The burden of establishing that a nonconforming use or nonconforming structure lawfully exists under this Zoning Code, shall in all cases be the owner's burden and not the City's. (f) Reversion Prohibited.No nonconforming use,building,structure and/or lot,if once changed to conform with the Ordinance shall thereafter be changed so as to be nonconforming again.No nonconforming use,building,structure and/or lot, if once 10