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16 - Accessory Residential Dwelling UnitsItem No. 16 memorandum TO: Mayor & Council FROM: John Godwin, City Manager SUBJECT: ACCESSORY RESIDENTIAL DWELLING UNITS DATE: January 8, 2019 BACKGROUND: Section 13 of the zoning ordinance regulates accessory buildings within the city. Unfortunately, although it includes a brief definition and area regulations for such structures, it does not directly address accessory dwelling units, yet indirectly prohibits accessory dwellings in residential districts. Subordinate buildings are allowed in all other zoning districts. The commission previously discussed the desirability of allowing accessory dwelling units in residential areas, and in response the staff drafted an ordinance that was discussed at the commission's December meeting. STATUS OF ISSUE: The attached ordinance is intended to provide the opportunity for accessory residential dwelling units, while at the same time implementing certain restrictions. The ordinance addresses lot size, zoning districts, setbacks, utility and metering restrictions, relations of occupants to property owners, site planning, building lines, maximum height, structure size, building materials, and parking. Since the December meeting, based on commission input I also restricted placement of a separate driveway, and limited the size of the accessory to no more than 35% the size of the primary dwelling. The planning and zoning commission met and conducted a public hearing on this ordinance on January 7. No one spoke for or against the ordinance. The commission recommended approval by a vote of 6-1. RECOMMENDATION: Approve the attached ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTIONS 13, "ACCESSORY BUILDING REGULATIONS," TO ADD SECTION 13-102, "REGULATIONS FOR ACCESSORY RESIDENTIAL DWELLING UNITS;" TO AMEND SECTION 22 TO ADD A DEFINITION OF ACCESSORY RESIDENTIAL DWELLING UNITS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957, and 1965; and WHEREAS, additional amendments were added to Zoning Ordinance No. 1710 (April 12, 1965) during 1971 through 1987 and 2012 and in 2016 and in 2017; WHEREAS, the City of Paris staff and officials desire to partially update and amend portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development of the City of Paris, Texas; and WHEREAS, presently the City of Paris Zoning Ordinance does not take into account the accessory residential dwelling units, which are becoming increasingly common as the City's population ages and family living patterns change with families wishing have multiple generations and extended family living on the same property; and WHEREAS, it is desirous to allow such accessory residential dwelling units in the City subject to reasonable regulation thereof; and WHEREAS, on January 7, 2019, pursuant to Sec. 8-109, "Classification of New and Unlisted Uses," the Paris Planning and Zoning Commission held a public hearing, following notice and publication as required by law, regarding Zoning Ordinance amendments related to accessory residential dwelling units as described herein and, following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on January 28, 2019, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid amendments would be consistent with the City Zoning Ordinance, and in the best interests of the public health, 1 safety, and welfare of the citizens of the City of Paris by a vote of _ ayes and _ nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 8-104, "Accessory and Incidental Uses," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is hereby amended to read as set forth in Exhibit A hereto, which is incorporated by reference as if fully set forth herein. Section 3. That Section 13, "Accessory Building Regulations," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is hereby amended by adding Section 13-102, "Regulations for Accessory Residential Dwelling Units," as follows: "13-102 REGULATIONS FOR ACCESSORY RESIDENTIAL DWELLING UNITS "a. Purpose: The purpose of this sub -section is to allow accessory residential dwelling units (accessory dwellings) to be developed within an individual site on properties located within City of Paris single family zoning districts, Agricultural, and Planned Development Districts, to be inhabited only by those persons related by blood or marriage to the current residents who reside in the primary single-family residential dwelling unit on the subject site. "b. Definition of an Accessory Residential Dwelling Unit: An accessory dwelling is defined as either a free-standing single-family home or a garage apartment/loft located on an individual residential lot in a City of Paris zoning district and which is separate from the primary residence on said lot. "c. Accessory Residential Dwelling Unit (accessory dwelling) Regulations: "1. Location: Accessory dwellings shall only be located within the following zoning districts: Agricultural District (A), One -Family Dwelling Districts (SF -1, SF -2, and SF -3), and the Planned Development District (PD) within the City of Paris, Texas Zoning Ordinance. 112. An accessory dwelling may not be located on a lot of less than 15,000 square feet in area. "3. An accessory dwelling shall be located a minimum of fifteen feet from the primary dwelling. "4. Approval. Accessory dwellings shall be a permitted use in the above districts, subject to the verification and approval of city staff that a proposed accessory dwelling meets the requirements of the regulations set forth herein. "5. Front, rear, and side yard setbacks, as well as maximum lot coverage, shall be maintained as required for any zoning district wherein said accessory dwelling is permitted. "6. A site plan drawn to scale shall be submitted to city staff as part of said permitting process and shall include: "(a) Exterior dimensions of said accessory dwelling. "(b) Interior dimensions of all living areas within said accessory dwelling. "(c) Other relevant physical requirements of this ordinance that can be graphically portrayed. "(d) Pedestrian access of said accessory dwelling to the primary residential structure shall be illustrated on the required site plan. "7. Only one accessory dwelling shall be permitted on any individual zoning lot within any district whereon an accessory dwelling is permitted. "8. An accessory dwelling must be located on the same lot as the main primary use and must not be across a street or alley from the main use. "9. An existing primary residential structure must be constructed, or in the process of being constructed, prior to the allowance of development of an accessory dwelling upon said lot. "(a) In the circumstance whereby an applicant wishes to construct both a primary use and an accessory dwelling upon a vacant lot, construction of the primary structure shall be begun prior to or concurrent with said accessory dwelling, before approval for construction of an accessory dwelling is granted. "(b) No accessory dwelling shall be used/inhabited unless the main/primary residential building on the lot is occupied by its residents. "10. One standard, paved, off-street parking space shall be available for each accessory dwelling. "11. No more than one covered parking space shall be allowed. "12. Lavatory and kitchen facilities and services shall be permitted in said accessory dwelling, subject to building codes and city staff approval. "13. Maximum exterior area of said accessory dwelling structure shall not exceed 35% of the size of the primary dwelling, up to a maximum of 900 (nine -hundred) square feet. 3 "14. Person(s) residing in said accessory dwelling shall be related to the residents in the primary single-family residential structure existing on the subject lot either by blood or marriage. "15. Occupancy of said accessory dwelling shall meet the requirements of the International Residential Building. "16. All accessory dwelling structures shall have smoke detection equipment installed. Such equipment shall be approved by the City of Paris fire marshal. "17. Maximum height of accessory dwellings: The height of all accessory dwellings shall be governed by Section 11: Height Regulations currently existing in the City of Paris Zoning Ordinance. "18. All accessory dwellings shall be located totally behind the rear building line of the primary/principal single-family residential home. "19. The minimum interior structure floor area for living space for an accessory dwelling shall be no less than 500 square feet, exclusive of storage areas and closets, except as this requirement may be modified by existing City of Paris codes. "20. Air conditioning compressors, cooling towers, and similar accessory structures shall observe all front, side, and rear yard setbacks as specified in each zoning district wherein accessory dwellings are permitted. "21. No accessory dwelling structure or any part thereof shall be used for commercial, industrial, or any other non-residential purposes or use. "22. For aesthetic compatibility purposes, an accessory dwelling shall be constructed of the same exterior materials as the principal/primary residential structure, presuming said materials meet the City of Paris Building Code or other relevant and related codes and ordinances. "23. All plumbing systems necessary for accessory dwellings shall be extended from the main structure, with no separate taps or meters allowed. "24. An accessory dwelling shall not have an electric meter that is separate from the primary structure. "d. There shall be no variances allowed under this section, and the board of adjustment has no authority to grant any variances to the regulations contained herein." Section 4. That Section 22-100, shall be hereby amended to add as item (1) the following definition of "accessory residential dwelling unit," and to renumber the remaining definitions of the section accordingly: "(1) Accessory Residential Dwelling Unit—An accessory dwelling is defined as either a free-standing single-family home or garage apartment/loft located 4 on an individual residential lot in a City of Paris zoning district and which is separate from the primary residence on said lot." Section 5. That all provisions of the ordinances of the City of Paris, Texas in confli with the provisions of this ordinance are hereby repealed, and all other provisions thX ordinances of the City of Paris not in conflict with the provisions of this ordinan shall remain in full force and effect. I Section 6. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering 9ny penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 7. That it is the intention of the City Council of the City of Paris, Texas that this ordinance, and everg,*,rovision hereof, shall be c*n6#IQir4&x.-v, vW.1-tity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 8. That any person violating any provision of this ordinance shall be guilty Il f a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 9. This ordinance shall become effective from and after its passage and publication as required by law. MOW; ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney P Steven J. Clifford, M.D., Mayor Exhibit A Section 8-104 ACCESSORY AND INCIDENTAL USES A 1 2 3 2F 4F MF 2F P 0 NS GR C CA LI HI PD PLI ESS HD* Schedule of a Uses �, �a a Efi �, a Ee _� Ee =_ 1 ��c _; a R •^ �. U -� N N s �' a• � fi Q �7 'is !.a ti � O r OfiO Ofi�'OfiO F3O �O O q W �y 8-104 ACCESSORYAND INCIDENTAL USES r�� � 7� rlitial Accessory Buildings (2) Farm Accessory Building Sign, Special Development Home Occupations (45) Off -Street Parking Intentional to Main Use Swimming Pool (Private) Servants, Watchman or r Caretaker Quarters 1 Community Center, Private (18) Signs, Church Bulletin Boards & Schools (76) Field Offices, (Temporary) (21) Ofd Premises Consumption Sale of Wine, Beer or Ale (Wine and Beer Retail Sales Store) as an accessory use to grocery store (27) (Sec. 8- 301a)