ZP 16-07 Staff Report

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Planning Staff Report

October 29, 2007

Zoning Petition ZP# 16-07 to Amend the Weber County Zoning Ordinance Chapter 23-29 Large Accessory Buildings

Finding of Fact

In 1991 the Large Accessory Buildings ordinance was introduced. The planning staff at that time was seeing more permit request for accessory buildings over 1000 sq. ft. The concern at that time was the 1 ft side yard setback. The requirement at the time was for the accessory building to be located to the rear of the dwelling and the height could be increased to 35 ft. if the building was 100 ft from the road. The other concern was aesthetics of metal buildings being located in the front yard setback. The proposed ordinance change clarifies the existing ordinance and helps with the aesthetic concerns.

23-29. Large Accessory Buildings (more than 1000 sq. ft.).

With the exception noted below, accessory buildings larger than 1,000 sq. ft. in area that accommodates uses meeting zoning requirements shall be located to the rear of the dwelling unit, have a side yard of at least 10 ft., a maximum height of 25 ft. and shall be located at least 6 ft. from the rear of a dwelling in the Residential Estate Zones and at least 10 ft. from the rear of a dwelling in the Agricultural Zones. The side yard may be reduced to 3 ft. and height increased to 35 ft. if the accessory building is located at least 100 ft. from a public street and at least 40 ft. from a dwelling on an adjacent lot.

Accessory buildings shall be located to the side or rear of the dwelling, with the exception that one One accessory building which is subordinate to the dwelling in area and height may be located in front or to the side of the dwelling provided:

1. It is located no less than one hundred (100) forty (40) feet from any public right of way, or private right of way that provides the frontage for lots in an approved subdivision. This setback shall also apply to corner lots.
2. Large accessory building shall conform to the dwelling in architectural style and materials on all sides of the building and the roof.
3. Is located no less than twenty-five (25) feet from a the required side yard for a main building of the zone in which the property is located side property line and one hundred (100) forty (40) feet from a dwelling on an adjacent parcel.
4. In no case shall the front yard set back be less than the front yard set back for a main building in the zone the building is located provided.

With the exception noted above, accessory buildings larger than 1,000 sq. ft. in area that accommodates uses meeting zoning requirements shall be located to the rear of the dwelling unit, have a side yard of at least 10 ft., a maximum height of 25 ft. and shall be located at least 6 ft. from the rear of a dwelling in the Residential Estate Zones and a least 10 ft. from the rear of a dwelling in the Agricultural Zones. The side yard may be reduced to 3 ft. and height increased to 35 ft. if the accessory building is located at least 100 ft. from a public street and at least 40 ft. from a dwelling on an adjacent lot.

Accessory buildings that exceed the dwelling in area, as measured by the footprint of the dwelling, by more than twice, shall require approval by the Planning Commission as a Conditional Use.

Accessory buildings used for the keeping of animals and fowl must shall also meet the requirements of Chapter 23-16.

Accessory buildings must shall also meet the requirements of Chapter 23-10

Staff Recommendations

Staff recommends the Planning Commission recommend to the County Commission that the proposed ordinance is approved.