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HomeMy WebLinkAbout998_Amend Ch 14_Zoning Definition AmendmentsTulsa County Clerk - EARLENE WILSON Doc # 2012001670 Page(s): 2 7 Recorded 01/06/2012 at 11:36 AM Receipt # 313013 Fee $15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 998 AN ORDINANCE RELATING TO AN AMENDMENT OF THE OWASSO ZONING CODE, CHAPTER 9, DEFINITIONS AND USAGE, SUB-CHAPTER 9.2, WORDS AND TERMS DEFINED, AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SECTION 12-201, ZONING REGULATIONS ADOPTED. ~ppRO~BY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TFtA - O ,~~~1 SECTION ONE (1): NEW SECTIONS DEC The Owasso Zoning Code, Chapter 9, Definitions and Usage, Sub-Chapter 92 Words and Terms Defined, shall be amended to add the following definitions; 12-201 SECTION 9.2 Amenity: Any tangible benefit to a piece of a property, especially those that increase its attractiveness or value or that contributes to the comfort or convenience of the nearby residents. Tangible amenities might include park areas, swimming pools, tot lots, or playgrounds, disc golf course, walking trails or bike paths, tennis courts, basketball courts, picnic areas, or similar facilities that allow people to recreate, gather and socialize. The Administrator shall determine if an amenity meets the intent of this language. In most cases, parking should be provided for the amenity. Accessory Dwelling Unit: A subordinate residential unit incorporated within, attached to, or detached from a single-family residential unit and having its own sleeping and sanitation facilities. This term shall refer to guest suites, mother-in-law quarters, and similar type uses. Such subordinate unit shall not be otherwise segregated in ownership from the principal residential unit and shall not be used for rental purposes, SECTION TWO (2): REPEALER All ordinances or parts of ordinances or other sections in the Owasso Zoning Code in conflict with this amendment are repealed to the extent of the conflict only, SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,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 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 9, Definitions and Usage, Sub-Chapter 9.2, Words and Terms Defined, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, Section 12-201, Zoning Regulations Adopted, is hereby amended by adding two additional definitions as set forth above. PASSED AND APPROVED this 20th day of December, 2011. ogonebrake, Mayor ATTEST: Sherry Bisho City Clerk APPROVED as to form and legality this W"aay of December, 2011. Julie Lombardi, City Attorney TULSAWORLD P.O. Box 1770 Tulsa, Oklahoma 74102-1770 Published in the Tulsa World, January 7, 2012, Tulsa, OK CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 998 Ad number: 8371327 CITY OF OWASSO PO BOX 180 ATTN JULIANN STEVENS OWASSO OK, 74055 TITLE City of Owasso STATE OF OKLAHOMA,) COUNTY OF TULSA, I SS. AFFIDAVIT: I, of lawful age, CLERK of TULSA WORLD, a daily newspaper printed in paid general circulation therein, printed in the English lang here to attached, was published in said newspaper for 1 day(s), the first publication being on the 7th day of the last day of publication being on the 7th day of Janua and that said newspaper has been continuously and uninterruj Hundred and Four (104) weeks consecutively, prior to the firs one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as ; and complies with all of the prescriptions and requirements o; true and printed copy. Said notice was published in all edition The advertisement above referred to, a true and printed copy on the following dates, to-wit: 1/7/12 Said notice was published in the regular edition of said Publishing Fee 1,046.57 Notary Fee Affidavit TOTAL 1,046.57 Subscribed and sworn to be *e me this~day My commission expires AN ORDINANCE RELATING TO AN AMENDMENT OF THE OWASSO ZONING CODE, CHAPTER 9, DEFINITIONS AND USAGE, SUB-CHAPTER 9.2, WORDS AND TERMS DEFINED, AS CODI- FIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLAN- NING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SECTION 12-201, ZONING REGULATIONS ADOPTED. E IT ORDAINED BY THE COUNCIL OF THE CITY OF KLAHOMA, THAT: ECTION ONE (1): NEW SECTIONS e Owasso Zoning Code, Chapter 9, Definitions and Usage, Sub-Chap-l 9.2, Words and Terms Defined, shall be amended to add the follow- definitions: SECTION 9.2 PROOF nenity: Any tangible benefit to a piece of a property, especially ose that increase its attractiveness or value or that contributes to e comfort or convenience of the nearby residents. Tangible ameni- es might include park areas, swimming pools, tot lots, or play- ounds, disc golf course, walking trails or bike paths, tennis courts, sketball courts, picnic areas, or similar facilities that allow people recreate, gather and socialize. The Administrator shall determine an amenity meets the intent of this language. In most cases, park- g should be provided for the amenity. :cessory Dwelling Unit: A subordinate residential unit incorporated thin, attached to, or detached from a single-family residential unit d having its own sleeping and sanitation facilities. This term shall fer to guest suites, mother-in-law quarters, and similar type uses. ich subordinate unit shall not be otherwise segregated in ownership om the principal residential unit and shall not be used for rental rposes. SECTION TWO (2): REPEALER II ordinances or parts of ordinances or other sections in the Owc :)ning Code in conflict with this amendment are repealed to the nt of the conflict only. SECTION THREE (3): SEVERABILITY any part or parts of this ordinance are deemed unconstitutional, in- alid or ineffective, the remaining portion shall not be affected but hall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE he provisions of this ordinance shall become effective thirty (30) ays from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION he City of Owasso Zoning Code, Chapter 9, Definitions and Usage, ub-Chapter 9.2, Words and Terms Defined, as codified in the Owasso ode of Ordinances, Part 12, Planning, Zoning and Development, hapter 2, Zoning Regulations, Section 12-201, Zoning Regulations dopted, is hereby amended by adding two additional definitions as forth above. PASSED AND APPROVED this 20th day of December, 2011. Doug Bonebrake, Mayor SHerry Bishop, City Clerk julie Lombardi, City Attorney Notary Public Oklahoma OFFICIALSEAL DONNA J. LACY Osage County 9333 Exp. 9-10-12 Notary Public The City 'Wlitiout Limits. TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council City of Owasso Bronce L. Stephenson City Planner 'DEC 0 2411 Proposed Zoning Code Amendments - Definitions for Amenity and Accessory Dwelling Unit December 16, 201 1 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 terms Amenity and Accessory Dwelling Unit are not defined within the Owasso Zoning Code. An amenity is a very important aspect in development of new commercial and residential properties and should be clearly defined to avoid confusion or misunderstanding. The term accessory dwelling unit is important to define within the Zoning Code because it is used frequently in language designed to protect single-family neighborhoods by promoting uniformity within these neighborhoods where necessary. There is currently a definition for Accessory Uses or Structure and for Dwelling Unit, but not a specific definition for Accessory Dwelling Units. In order to clarify certain requirements and assist applicants, citizens, and staff when interpreting text, these additions and updates to the Zoning Code are needed. Staff does not anticipate any great changes due to these additions, but they will assist staff in ensuring that development is performed responsibly within the City of Owasso. PROPOSED AMENDMENTS TO THE ZONING CODE: The proposed amendment to the City of Owasso Zoning Ordinance will amend Chapter 14, Definitions, by adding a definition for Amenity and Accessory Dwelling Unit. The proposed definitions are as follows: Amenity: Any tangible benefit to a piece of a property, especially those that increase its attractiveness or value or that contributes to the comfort or convenience of the nearby residents. Tangible amenities might include park areas, swimming pools, toff lots, or playgrounds, disc golf course, walking trails or bike paths, tennis courts, basketball courts, picnic areas, or similar facilities that allow people to recreate, gather and socialize. The Administrator shall determine if an amenity meets the intent of this language. In most cases, parking should be provided for the amenity. Accessory Dwelling Unit: A subordinate residential unit incorporated within, attached to, or detached from a single-family residential unit and having its own sleeping and sanitation facilities. This term shall refer to guest suites, mother-in-law quarters, and similar type uses. Such subordinate unit shall not be otherwise segregated in ownership from the principal residential unit and shall not be used for rental purposes. Planning Commission The Owasso Planning Commission reviewed this item at their regular meeting on September 12, 2011. At that meeting, the Planning Commission suggested that staff add language regarding approval for proposed amenities being decided by the Administrator from the Community Development Department. The Planning Commission also requested that staff review the definition for accessory dwelling unit to ensure compliance with all applicable building codes and subdivision regulations. Staff made the requested modifications and brought these definitions back to the Planning Commission for additional review at their November 7, 2011 meeting. After reviewing the requested changes, the Planning Commission voted unanimously to recommend approval of the additions to Chapter 14, Definitions. RECOMMENDATION: Staff recommends City Council approval of the amendments to Chapter 14, Definitions, of the Owasso Zoning Code. Ordinance #998 is currently under review by the City Attorney's Office and shall be provided to the City Council for consideration at the December 20, 2011 meeting. ATTACHMENTS: Excerpts from Chapter 14 of the Owasso Zoning Code, Definitions CHAPTER 14 DEFINITIONS 1400 Definitions SECTION 1400 DEFINITIONS Abutting: In the context of a screening or enclosure requirement, abutting shall mean contiguous or separated there from only by a non-arterial street. In other instances, abutting shall mean contiguous. Accessory Uses or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Alley: A permanent public way providing a secondary means of access for service and emergency vehicles, and not intended for general traffic circulation. Arterial: A street designated on the Major Street Plan as a primary arterial or secondary arterial. Board of Adjustment: The Board of Adjustment of the City of Owasso, Oklahoma. Building: A structure which is permanently affixed to the land, and has one or more floors and a roof, and is bounded by either another building with a common party wall, open air, or the lot lines of a lot. Building Height: The vertical distance measured form the average ground elevation at the building wall to the highest horizontal point of the structure. Building Setback: The horizontal distance, from the point of measurement, such as the centerline of an abutting street or the boundary line of an abutting zoning district to the nearest building wall. Care Home: Premises used for the housing and caring for the aged or infirmed, and includes convalescent homes, homes for the aged, and nursing homes. Cemetery: Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Dwelling: A building or structure used in whole or in part for human inhabitation. Dwelling, Duplex: A building containing two dwelling units, designed for occupancy by not more than two families. Included are all forms of manufactured duplex dwellings but excluding mobile homes. Dwelling, Manufactured: A structure designed and intended for human occupancy on a year-round or temporary seasonal basis which has ;undergone at least partial prefabrication or preassembly under indoor factory conditions, excluding dwellings utilizing only prefabricated or preassembled sublements such as roof trusses, floor trusses, plumbing trees, or wiring harness. Included are the following sub-classes: a. Pre-cut - a manufactured dwelling involving no preassembly but all components have been cut and fabricated and then assembled on-site; b. Panelized - a manufactured dwelling partially preassembled into roof, wall, floor, and ceiling components (which may range from exposed wood to having all finishing completed) which are assembled on-site, and constructed to national building code standards; C. Sectionalized or Modular - a manufactured dwelling partially preassembled into two or more sections, none of which are habitable individually, permanently joined together and, utilize customary residential siding and roofing materials, built to national building code standards and are either: 1) Wood frame units designed to be transported by flat-bed truck and installed on conventional permanent foundations, or, 2) Chassis/under-carriage units designed to be towed or structurally capable of being towed on wheels and installed on permanent foundations after all hitches, running gear and chassis have been removed, d. Mobile Home - a manufactured dwelling, either a portable or mobile living unit used or designed for human occupancy, having been manufactured to the Federal Manufactured Home Construction and Safety Standards and bearing a HUD label red in color, identifying the home as a "Manufactured Home." Dwelling, Multifamily: A building containing three or more dwelling units. Included are all forms of manufactured multifamily dwelling but excluding mobile homes. Dwelling, Single Family: A building, other than a mobile home, containing one dwelling unit designed for occupancy by not more than one family, and certified as complying with the building code of this jurisdiction whether constructed on or off site. Dwelling Unit: A room or group of rooms arranged, intended, or designed as a habitable unit, containing kitchen, bath, and steeping facilities, for not more than one family living independently of any other family. Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or other domestic bonds, no such family shall contain over three persons, but further provided that domestic servants may be housed on the premises without being designated as a family. Floodplain: The Land area adjoining a watercourse or drainage way which would be inundated by the floodwater of the regulatory flood based on full urbanization of the watershed. Floodway: The channel of a watercourse or drain way and those portions of the adjoining floodplain which are reasonably required to carry and discharge the regulatory flood. Floodway Fringe: Those portions of the floodplain which are not reasonably required to carry and discharge the floodwater of the regulatory flood. Floor Area: The sum of the gross horizontal areas of the several floors, including basements, of a building measured from the exterior faces of the exterior watts or from the centerline of walls separating two buildings. Provided that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off-street parking areas shall not be included. Floor Area Ratio: The floor area of a building or buildings on a lot divided by the lot area. Foster Home: A dwelling used in whole or in part as living quarters for three (3) persons who are not members of the family occupying said dwelling, but are under their supervision. Frontage: The lineal measurement of a lot boundary which abuts a public street or the lineal measurement of the building setback line when the boundary of the tot abuts a curbed nonarteriat street or cul-de-sac.