2009-38 AMENDING ZONING ORDINANCE - URBAN CORRIDORS - FENCES - NON-CONFORMING USES

Home Browse Search

ECONOMIC AND URBAN DEVELOPMENT MEMORANDUM No. 09-38 May 13, 2009 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager N Greg C. Crowe, Assistant City Manage Suzan M. Stickle, Senior Planner yw5 Stephanie E. Ashe, Historic Preservation and Corridors Planner SUBJECT: Amendments to Zoning Ordinance (Ordinance #3512) SUMMARY RECOMMENDATION: Staff recommends approval of the amendments to the City of Decatur Zoning Ordinance (Ordinance #3512) as proposed. The City Plan Commission voted 6-0-1 to recommend approval of this petition as amended at the May 7, 2009 hearing; the minutes of the meeting are attached. The current City of Decatur Zoning Ordinance was adopted in May of 2002. Since the time of adoption, Staff has discovered certain necessary changes, discrepancies and omissions as the new ordinance has been implemented, specifically in SECTION II. DEFINITIONS; SECTION XXI. EXCEPTIONS TO HEIGHT AND AREA; SECTION XXIII. NON-CONFORMING USES; SECTION XXIX, PLAN COMMISSION; AMENDMENTS, SECTION XXX. ZONING BOARD OF APPEALS; and SECTION XXXIV. FENCES. It is Staff's hope that these changes will make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment all the while keeping the charge of making Decatur a beautiful place to live, work and play. BACKGROUND: Non-conforming uses and structures are those which no longer conform to the Zoning Ordinance, either due to its conception or subsequent amendments. The intent of amending the "Non-Conforming Uses" Section, is to allow more flexibility to citizens and business owners when requesting to reestablish a non-conforming use, expand a non-conforming use, change a non- conforming use to a more restrictive non-conforming use, and/or for any alterations to a non- conforming structure. Under the current ordinance, structures standing vacant or which have not been used for more than one (1) year must come into full compliance with the Zoning Ordinance. The proposed amendments would give owners the opportunity to apply for a Non-Conforming Use Permit which would be heard by the Plan Commission and City Council. The Permit will provide the City and property owners a tool to allow the non-conforming use to be reestablished without rezoning the property. In many of these cases there is a concern that the property and structure will sit vacant and deteriorate if the non-conforming use is not allowed to be reestablished while at the same time the Council is hesitant to rezone the property and possibly allow more intensive uses at that site. It is Staff's belief that the proposed amendments will balance previous structures and uses with the current Zoning Ordinance with subsequent amendments without harming surrounding properties. The intent of amending the "Exceptions to Height and Area" Section and adding a "Fences" Section to the Ordinance is to help curtail problems and provide more options to residents that City Staff have heard from residents over the years. Such complaints and additional options include, but are not limited to: • The unfinished side of fences being built facing the street and other properties. • Fences which are built in the vision clearance triangle.