HomeMy WebLinkAbout1009_Setback requirements for Pools and Structures
Tulsa County Clerk - EARLENE WILSON
Doc # 2012083340 Pa9e(s).'
6
Recorded 08/24/2012 at 04:16 PM
~o Receipt # 355103 Fee $21.00
'YIaHOM
TO: The Honorable Mayor and City Council
FROM: Bronce L. Stephenson, City Planner
SUBJECT: Proposed Zoning Code Text Amendment - Pool and Accessory Structure Setback
Requirements
DATE: August 17, 2012
BACKGROUND:
The Owasso Zoning Code is a document that requires updating and/or clarification on a
periodic basis. In working with applicants and developers, staff has discovered that the required
setbacks for pools and other accessory structures in residential zoning districts requires a ten (10)
foot setback from side and rear property lines. In many cases this setback is greater than is
required for the primary structures on the property. Considering this, the larger setback seems to
be greater than necessary. Additionally, the current development trends are for smaller lots in
residential subdivisions, which have much less yard area for swimming pools and other accessory
structures. Staff feels that a reduced setback equal to the required building setbacks for the
zoning district of the lot is more appropriate. For instance, an RS-3 (Small Lot Single-Family
Residential) lot would allow for a five (5) foot setback, but an RE (Residential Estate) lot would
require a fifteen (15) foot setback. These rules would apply to in-ground pools only, with above-
ground pools still requiring a ten (10) foot minimum setback for an RS-3 lot. Most residential lots
have a 17.5 or 1 1 foot utility easement at the rear of the property that would be more restrictive
than any required setbacks. The proposed ordinance would continue to read that no pool or
other structure can be built within an easement.
The Owasso Planning Commission held an initial discussion at the Special Meeting on July 2,
2012. At that meeting, the Planning Commission suggested that staff include language with any
proposed text amendment allowing the Administrator from the Community Development
Department flexibility in making determinations about the appropriate setback for pools, and
only allowing for five (5) foot setbacks in some cases. Staff considered this and included
language that provided flexibility to the Administrator to make determinations in this area. Staff
also received input from the City Council at Work Session on August 14, 2012. The
recommended changes were incorporated into the proposed zoning code amendment
language.
PROPOSED TEXT AMENDMENT TO THE OWASSO ZONING CODE:
240.2 Permitted Yard Obstructions
Obstructions are permitted in required yards as follows:
(A) Cornices, canopies, eaves, and similar architectural features may project into a required
yard.
(B) Fire escapes may project into a required yard.
(C) Fences, hedges, plant materials, and walls may be located in any yard provided that on
any corner lot on which a front and side yard is required, no wall fence, sign, structure, or any
plant growth which obstructs sight lines at elevations between two (2) and six (6) feet above
the crown of the adjacent roadway shall be placed or maintained within a triangle formed
by measuring from the point of intersection of the front and exterior side lot lines a distance
of 25 feet along said front and side lot lines and connecting the points so established to form
a"sight triangle" on the area of the lot adjacent to the street intersection. Fences and walls
within yards shall not exceed the city height of eight (8) feet. Any fence or wall which
projects into or encloses a required front yard shall not exceed a height of four (4) feet. The
Board of Adjustment, as a Special Exception, may modify these limitations.
(D) Signs which are permitted in residential districts may be located within any yard which is
bounded by a public street.
(E) In the RS Residential Districts, a detached accessory structure may be located in a
required rear yard provided (1) the structure or structures do not cover more than 20 percent
of the area of the minimum required rear yard and, (2) the total gross floor area for any
accessory building or buildings located in the rear yard, required rear yard, and or both, shall
not exceed 750 square feet. (The Board of Adjustment upon application, and after notice
and public hearing, may grant a special exception of E(2) above.)
(F) Swimming pools, hot tubs, Tennis courts, patios, satellite dishes, and protective shelters
shall be located in the rear yard and shall have a minimum setback of five (5) feet from any
side yard or rear lot lines. The walls of all in-qround swimminq pools shall be placed no
closer to the edge of any propertv line than the required building setbacks of the zoning
district in which the property is located. A minimum five (5) foot setback shall be maintained
for any pool and no portion of any pool shall encroach into any easement. All above-
qround qools shall be a minimum of ten (10) feet from anv property line and shall not
encroach into any easement. Divinq boards, slides, or other apqurtenances mav not be
placed within any required setback or within any easement. Pool decks and qatios built at-
qrade shall not be reauired to meet the setback requirement. Pool equipment such as
pumps and filters, mav be placed within the minimum setback, but said items mav not be
placed on top of or within 2 feet of buried utility lines. The Administrator mav modifv the
provisions of this code in certain circumstances where it may be necessarv to ensure the
safetv and privacv of adioininq neighbors, but cannot modifv the requirements to allow less
than the minimum setback. However, the Board of Adjustment may, upon application and
after public hearing, permit the aforementioned accessory uses in the front yard provided;
(1) the minimum front yard requirement is adhered to, and (2) a minimum setback of five 5
feet from any side lot line is met.
PLANNING COMMISSION:
The Owasso Planning Commission reviewed this item at their regular meeting on August 13, 2012
and voted 4-1 to recommend approval of the zoning code amendment to the Council.
RECOMMENDATION:
Staff recommends City Council approval of the zoning code text amendment.
AITACHMENT:
A. Ordinance 1009
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1009
AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN
THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND
DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB-CHAPTER 2 GENERAL
PROVISIONS. THE PROPOSED AMENDMENT SHALL MODIFY SECTION 240.2 PERMITfED
YARD OBSTRUCTIONS, AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT:
SECTION ONE (1): AMENDED LANGUAGE
The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12,
Chapter 2, Sub-Chapter 2, Section 240, shall be amended to read as follows:
240.2 Permiited Yard Obstructions
Obstructions are permitted in required yards as follows:
(A) Cornices, canopies, eaves, and similar architectural features may project into a required
yard.
(B) Fire escapes may project into a required yard.
(C) Fences, hedges, plant materials, and walls may be located in any yard provided that on
any corner lot on which a front and side yard is required, no wall fence, sign, structure, or any
plant growth which obstructs sight lines at elevations between two (2) and six (6) feet above
the crown of the adjacent roadway shall be placed or maintained within a triangle formed
by measuring from the point of intersection of the front and exterior side lot lines a distance
of 25 feet along said front and side lot lines and connecting the points so established to form
a"sight triangle" on the area of the lot adjacent to the street intersection. Fences and walls
within yards shall not exceed the city height of eight (8) feet. Any fence or wall which
projects into or encloses a required front yard shall not exceed a height of four (4) feet. The
Board of Adjustment, as a Special Exception, may modify these limitations.
(D) Signs which are permitted in residential districts may be located within any yard which is
bounded by a public street.
(E) In the RS Residential Districts, a detached accessory structure may be located in a
required rear yard provided (1) the structure or structures do not cover more than 20 percent
of the area of the minimum required rear yard and, (2) the total gross floor area for any
accessory building or buildings located in the rear yard, required rear yard, and or both, shall
not exceed 750 square feet. (The Board of Adjustment upon application, and after notice
and public hearing, may grant a special exception of E(2) above.)
(F) Swimming pools, hot tubs, Tennis courts, covered patios, satellite dishes, and protective
shelters shall be located in the rear yard and shall have a minimum setback of five (5) feet
from any side yard or rear lot lines. The walls of all in-ground swimming pools shall be placed
no closer to the edge of any property line than the required building setbacks of the zoning
district in which the property is located. A minimum five (5) foot setback shall be maintained
for any pool and no portion of any pool shall encroach into any easement. All above-
ground pools shall be a minimum of ten (10) feet from any property line and shall not
encroach into any easement. Diving boards, slides, or other appurtenances may not be
placed within any required setback or within any easement. Pool decks and patios built at-
grade shall not be required to meet the setback requirement. Pool equipment such as
pumps and filters, may be placed within the minimum setback, but said items may not be
placed on top of or within 2 feet of buried utility lines. The Administrator may modify the
provisions of this code in certain circumstances where it may be necessary to ensure the
safety and privacy of adjoining neighbors, but cannot modify the requirements to allow less
than the minimum setback. However, the Board of Adjustment may, upon application and
after public hearing, permit the aforementioned accessory uses in the front yard provided;
(1) the minimum front yard requirement is adhered to, and (2) a minimum setback of five (5)
feet from any side lot line is met.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly
repealed to the extent of the confiict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The City of Owasso Zoning Code, Chapter 2, Sub-Chapter 2 General Provisions as codified in the
Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning
Regulations, is hereby amended and codified amending Section 240.2 Permitted Yard
Obstructions
PASSED D APPR V his ay of August , 2012.
Dou o brake, May
ATTEST: t,~~ • : ~
f" 4FFICIAL ~
Sherry Bis p, City Cler SEAj,
(SEAL)
0K!_n..HO'~P
AP OVED AS TO FORM:
. CV
ulie Lombardi, City Attorney
PUBLISHER'S AFFIDAVIT
ORD NO. 1009
08/30/12
149585
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 30, 2012.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1009
CASE NUMBER: ORD NO. 1009
/kD NO: 00149585
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE
OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT,
CHAPTER 2, ZONING REGULATIONS, SUB-CHAPTER 2 GENERAL PROVISIONS. THE PRO-
POSED AMENDMENT SHALL MODIFY SECTION 240.2 PERMITTED YARD OBSTRUCTIONS,
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT:
SECTION ONE (1): AMENDED LANGUAGE
The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2,
Sub-Chapter 2, Section 240, shall be amended to read as follows:
240.2 Permitted Yard Obstructions
Obstructions are permitted in required yards as follows:
(A) Cornices, canopies, eaves, and similar architectural features may project into a required yard.
(B) Fire escapes may project into a required yard.
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
}pre ati ` ignature
Subscribed to and sworn to me this 31st day of August, 2012.
Notary Public I`r~~
NA~CY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2014
Customer 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 163.80 NANCY CAROL MOORE
NOTARY PUBLIC
STATE OF OKLAHOMA
COMMISSION NO. 0601168-4
EXPIRES 12-8-2014
(C) Fences, hedges, plant materials, and walls may be located in any yard provided that on any
corner lot on which a front and side yard is required, no wall fence, sign, structure, or any plant
growth which obstructs sight lines at elevations between two (2) and six (6) feet above the crown of
the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the
point of intersection of the front and exterior side lot lines a distance of 25 feet along said front and
side lot lines and connecting the points so established to form a "sight triangle" on the area of the
lot adjacent to the street intersection. Fences and walls within yards shall not exceed the city height
of eight (8) feet. Any fence or wall which projects into or encloses a required front yard shall not
exceed a height of four (4) feet. The Board of Adjustment, as a Special Exception, may modify these
limitations.
(D) Signs which are permitted in residential districts may be located within any yard which is bound-
ed by a public street.
(E) In the RS Residential Districts, a detached accessory structure may be located in a required rear
yard provided (1) the structure or structures do not cover more than 20 percent of the area of the
minimum required rear yard and, (2) the total gross floor area for any accessory building or build-
ings located in the rear yard, required rear yard, and or both, shall not exceed 750 square feet. (The
Board of Adjustment upon application, and after notice and public hearing, may grant a special
exception of E (2) above.)
(F) Swimming pools, hot tubs, Tennis courts, covered patios, satellite dishes, and protective shel-
ters shall be located in the rear yard and shall have a minimum setback of five (5) feet from any side
yard or rear lot lines. The walls of all in-ground swimming pools shall be placed no closer to the
edge of any property line than the required building setbacks of the zoning district in which the prop-
erty is located. A minimum five (5) foot setback shall be maintained for any pool and no portion of
any pool shall encroach into any easement. All above-ground pools shall be a minimum of ten (10)
feet from any property line and shall not encroach into any easement. Diving boards, slides, or other
appurtenances may not be placed within any required setback or within any easement. Pool decks
and patios built at-grade shall not be required to meet the setback requirement. Pool equipment
such as pumps and filters, may be placed within the minimum setback, but said items may not be
placed on top of or within 2 feet of buried utility lines. The Administrator may modify the provisions
of this code in certain circumstances where it may be necessary to ensure the safety and privacy
of adjoining neighbors, but cannot modify the requirements to allow less than the minimum setback.
However, the Board of Adjustment may, upon application and after public hearing, permit the afore-
mentioned accessory uses in the front yard provided; (1) the minimum front yard requirement is
adhered to, and (2) a minimum setback of five (5) feet from any side lot line is met.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed
to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remain-
ing portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final pas-
sage as provided by state law.
SECTION FIVE (5): CODIFICATION
The City of Owasso Zoning Code, Chapter 2, Sub-Chapter 2 General Provisions as codified in the
Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning
Regulations, is hereby amended and codified amending Section 240.2 Permitted Yard Obstructions
PASSED AND APPROVED this 21st day of August, 2012.
s/ Doug Bonebrake, Mayor
/s/ Sherry Bishop, City Clerk
/s/ Julie Lombardi, City Attorney