2020-156 Ordinance Amending Zoning Ordinance - Section II. Definitions and Section IV.A. Compliance With Land Development Regulations

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11/15/2020 Item Coversheet Community Development DATE: 11/16/2020 MEMO: 20-45 TO: Honorable Mayor Julie Moore Wolfe and City Council FROM: Scot Wrighton,City Manager Cordaryl"Pat"Patrick,Community Development Director Greg Crowe,AICP,Planning and Development Manager SUBJECT: Ordinance Amending Zoning Ordinance to Amend Home Occupation Regulations and Add Provisions to Combine and Divide Zoning Lots. SUMMARY RECOMMENDATION: Staff recommends approval of this ordinance Amending the Zoning Ordinance to Section 11.Definitions and Section IV.A. Compliance with Land Development Regulations to amend home occupation regulations and add provisions to combine and divide zoning lots.The City Plan Commission voted 6-0 to recommend approval of the petition at the November 5,2020 meeting. The minutes of the meeting are attached. BACKGROUND: The current City of Decatur Zoning Ordinance was adopted in May of 2002.Over time, Staff has determined certain amendments are necessary to make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment while keeping the charge of making Decatur a quality place to live,work and play. 1. The proposed amendment to the Zoning Ordinance home occupation definition will allow for limited dog grooming,barber and beauty shop services for no more than one client at a time in the home.This allowance should allow for these services in homes while assuring that there will not be a large congregation of vehicles and clients in neighborhoods.This amendment has taken on more importance with COVID-19 restrictions to these services.Also,tattoo parlors were added to services not allowed for home occupation for clarification. 2. The addition of provisions allowing for the combination and division of zoning lots will eliminate the need in some instances for property owners to prepare and record a plat of subdivision which can be costly.Zoning lots will be defined in the Zoning Ordinance as one or more buildable lots under single ownership that are combined to form a single tract to be used,developed,or built upon as a unit. In many areas of Decatur,particularly the central core of the City,it is common for multiple lots to be assembled by a property owner for one development.This is becoming even more common with the side yard program as property owners are interested in obtaining vacant side yard lots to expand their property boundaries.The Council earlier in 2020,approved a Zoning Ordinance amendment allowing for small accessory structures,such as garden sheds under 100 square feet,to be placed on side lots under the same ownership. However,permitted accessory structures, such as detached garages and larger sheds,must currently be located on a single lot with the primary structure(residence).Under the current Zoning Ordinance,property owners are required to hire a land surveyor and engineer to replat to combine the two or more lots into one lot. This is both costly and time consuming for property owners.The proposed Zoning Lot combination application process should allow property owners to provide the necessary information themselves to combine the two adjacent lots into one zoning lot allowing for the placement of large accessory structures including garages on the adjacent lot. Establishing a Zoning Lot will require an application to be reviewed by City Staff,and an affidavit recorded at the County Recorder's Office.The affidavit will alert future property owners to this designation.Also,any future request to divide the created zoning lot will require written release from the City Zoning Administrator if the divided property(s)violates the Zoning Ordinance, ensuring that no Zoning Violations will occur future including a large accessory structure used for storage being located on a zoning lot without a primary structure. An added definition for Adjacent Lots is proposed to clarify that lots separated by a street,public alley or public walkway shall not be deemed to be adjacent and cannot then be joined as one Zoning Lot.Existing easements on the property will not be impacted by https://decatur.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemI D=3095 1/2