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HomeMy WebLinkAboutOrdinance 1884WHEREAS, the changes in this ordinance are intended to bring the City's subdivision and zoning codes into conformance with the procedures set out in state law and nationally recognized standards, and VMEREAS, the City's land use procedures currently contain requirements that are outdated and prevent the City from acting efficiently and flexibly to best serve the interests of tile City's residents, and WHEREAS, the changes contained within the new ordinance will allow the City to act in accordance with best practices in efficiently processing and considering land use matters, and WHEREAS, it is in the best interest of the residents of Central Point that the City's land use procedures be improved and the immediate application of the revised City procedures will be advantageous to the population as a whole; WHEREAS, findings have been prepared (Exhibit "B") supporting a determination that the new ordinance as presented in Exhibit "A — Amendment No. 5" is consistent with all applicable State Wide Planning Goals, the City of Central Point's Comprehensive Plan Elements, the City of Central Point Zoning Code, and the Transportation Planning Rule. NOW THEREFORE, THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO HEREBY ORDAIN CHANGES TO SECTION 17.77 AS SPECIFICALLY SET FORTH IN EXHIBIT "A -- AMENDMENT AMENDMENT NO. 5") Passed by the Council and signed by me in authentication of its passage this -1k 132 day of 2006. Mayor Hank Wifliams ATTEST: Approved by me this day of 12006. Mayor Hank Williaills EXHIBIT "A" City of Central Point Text Amendments to Chapters 16 and 17 of the Municipal Code July 27, 2006 Amendment 5 CHAPTER 17.77 ACCESSORY DWELLING UNITS (ADU) 17.77.005 Purpose 17.77.010 Pennitted in residential R -L and R-1 Districts 17.77.020 Provisions for water and sewer. 17.77.030 Only one accessory dwelling unit per single-family dwelling. 17.77.040 General provisions. 17.77.050 Special provisions. 17.77.060 Permit — Fee — Application — Inspection. 17.77.070 Detached from single-family dwelling — Special. 17.77.005 Purpose The purpose of this section is to allow for establishment of an accessory dwelling unit in conjunction with a single-family dwelling within a single-family residential zoning district. An accessory dwelling may be permitted as a means of providing more affordable housing opportunities for young families, empty nesters and others; encouraging additional density with minimal cost and disruption to surrounding neighborhoods; allowing individuals and smaller households to retain large houses as residences; providing convenient care for the elderly and infirm on a long-term basis; and allowing more energy-efficient use of large, older homes. 17.14.010 Permitted in residential districts, R -L and R-1. Accessory dwelling units (ADUs) shall be a permitted use in the R -L and R -I residential districts as accessory to single-family dwellings subject to the provisions of this chapter. 17.77.020 Provisions for water and sewer. No ADU shall be permitted to be added to, created within, or constructed on the same lot as the single-family dwelling to which it is accessory without a prior certification from the public works department of the city that the water supply and sanitary sewer facilities serving the site of proposed ADU are adequate. 17.77.030 Only one accessory dwelling unit per single-family dwelling. Only one ADU shall be permitted as accessory to a single-family dwelling. 17.77.040 General provisions. (1) ADUs shall be permitted as second dwelling units that are added to or created within, or on the same lot as a single-family dwelling. Exhibit "A" (2) All housing and building codes and standards shall be applicable to all ADUs including, but not limited to, the building code, the plumbing code, the electrical code, the mechanical code, the fire code, and all requirements of the City of Central Point. (3) ADUs that are added to or created within single-family dwellings shall not be required to have separate independent utility connections; however, ADUs that are detached from the single-family dwelling to which they are accessory shall have separate independent utility connections and solid waste collection. (4) The gross floor area of an Accessory Dwelling Unit shall contain no more than 35% of the gross floor area of the main dwelling in existence prior to the construction of the Accessory Dwelling Unit or 800 square feet, which ever is Iess. (5) No subdivision of land, air rights or condominium is allowed so as to enable the sale or transfer of the Accessory Dwelling Unit independently of the main Dwelling Unit or other portions of the property. (b) All ADUs shall be designed to maintain the appearance of the single-family dwelling to which they are accessory. If an ADU extends beyond the current footprint of the single-family dwelling it must be consistent with the existing roof pitch, siding and windows of the single-family dwelling. If a separate entrance door is provided, it must be located either off the rear or side of the single-family dwelling. Any additions to an existing structure or building shall not exceed the allowable lot coverage or encroach into the required setbacks. (7) All ADUs which are attached to a single-family dwelling shall have a separate entrance for the Accessory Dwelling Unit, but it shall not be located on the front of the existing building, (8) At least one (1) off-street parking space shall be provided for each ADU in addition to the off-street parking spaces required for the single-family dwelling. (9) All ADUs shall have separate street addresses that are visible from the street and that clearly identify the location of the ADU. 17.77.050 Special provisions. (1) The owner or contract purchaser of record of the single-family dwelling to which an ADU is accessory shall reside either in the single-family dwelling or the ADU as a permanent place of residence, and shall not be permitted to rent or Iease the same. The ownership of ADUs may not be separated from ownership of the single-family dwelling to which they are accessory. (2) No home occupations, day care centers or adult foster homes shall be permitted in ADUs or in single-family dwellings to which they are accessory. Exhibit "A" 17.77.060 Permit — Fee -- Application — Inspection. (1) No ADU may be added to, created within, or constructed upon the same lot as a single-family dwelling without a permit therefore, issued by the Planning Department. (2) All applications for ADU permits shall be on forms provided by the Planning Department, and the fee for such permit shall be as provided in the building code. (3) Before any permit for the creation or construction of an ADU is granted, the proposed site thereof and the plans and specifications therefore shall be inspected by the building official to assure that the provisions of this chapter are not violated. 17.77.070 Detached from single-family dwelling — Special. The following provisions shall be applicable to detached ADUs: (1) Water, sewer and solid waste collection shall be by way of connections and service that is completely separate, apart and independently metered, from the single-family dwelling to which such ADU is accessory. (2) All detached ADUs shall comply with all setback and separation requirements for detached accessory buildings except that the minimum rear yard setback shall be ten (10) feet. (3) Detached ADUs shall be designed in such a manner as to blend with or complement the architectural design of the single-family dwelling to which such ADU is accessory; approval of such design shall be made by the appeal board of adjustment. (4) Detached ADUs shall share the same hard -surfaced driveway as the single-family dwelling to which such ADU is accessory, and shall have direct access to the street upon which the single-family dwelling fronts, or take access from an alley. No new or additional curb cuts shall be permitted for the ADU, except on corner lots where a new curb cut will be allowed on the street frontage having no existing curb cut. (5) Detached ADUs shall have a minimum of twenty-five (25) feet of unobstructed street frontage with no intervening structures to ensure adequate visibility and access for emergency vehicles. Exhibit "A"