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1 Ogden City Council Work Session: January 24, 2017 PROPOSED AMENDMENT TO THE USES AND STANDARDS FOR NON-CONFORMING COMMERCIAL STYLE BUILDINGS IN RESIDENTIAL ZONES Purpose of Work Session: To review the proposed zone text amendment Planning CommissionRecommendation Approval the amendment (8-0) Executive Summary The Administration is proposing a number of changes to the City’s ordinance regarding non-conforming commercial style buildings in residential zones. Currently, the City’s ordinance allows these buildings to be reused for specific uses and is generally deemed a last resort option if all other attempts to reuse the building have been shown to not be viable. The proposed amendment would change the approval process from a conditional use approval to a staff level approval if no changes are proposed to the site or the building. In addition, the amendments eliminate some of the potential uses and consolidate others and add vacation rentals as an allowable use for these specific buildings. Further, the amendments would change the focus of the reuse of these buildings from a last resort option or a viable first option if all conditions are met. Background Throughout Ogden’s development history, there have been commercial style buildings built within residential areas. Many of these buildings were originally small neighborhood shops or local service providers and a number of them were built attached to a home for a live-work style of building. As zoning regulations have evolved over the years and land uses have been separated more and more, many of these buildings have become non-conforming buildings. While most cities, Ogden included, have many non-conforming uses and non-complying structures in all kinds of zones, a commercial style building in a residential zone poses more unique challenges as it relates to non-conforming use regulations. A building specifically built as a commercial building which is set in a residential zone has few other uses for which the building may be used that are compatible with the surrounding residential neighborhood. Typically, if a non-conforming use is abandoned for more than a year, the ---PAGE BREAK--- 2 Ogden City Council Work Session: January 24, 2017 property loses its non-conforming status and may then only be used for something that is in compliance with the underlying zone. However, if the building itself is a commercial style building and the underlying zone is a residential zone, there are very few options available for reuse. In order to deal with Ogden’s non-conforming commercial style buildings in the residential zones, in 1984 the City adopted an ordinance allowing some additional uses to help with the reuse of these commercial style buildings. The ordinance was aimed generally at giving a property owner a few other options if all other attempts to reuse the building in a manner that was consistent with the residential zoning had been explored and were deemed not viable. The ordinance specifically mentioned that the options therein were a last resort and that the approval of any such use under the provisions of that section must be approved through the conditional use process. This ordinance has generally been successful and has had only a few minor tweaks over the years. While the ordinance allowing some adaptive reuse of these commercial style buildings has been effective, the proposed amendments are an attempt to update the ordinance. The ordinance includes a number of proposed amendments that would change the focus and intent of the ordinance and would make some changes to the allowable uses for these buildings. Currently, there are a total of 45 of these buildings in residential zones in Ogden. There are 21 of these structures in single- family zones and 24 in multi-family zones with a total of five of these structures that are either attached to a single-family home or are on the same lot as a single-family home. The ordinance changes would essentially apply to these 45 structures scattered throughout the City’s residential zones. In addition to the general changes to the ordinance, one issue that is of interest to the Council will also be address with this proposal. In December 2016, the City Council, after much research and discussion by the Planning Department, the Planning Commission, and the City Council, adopted an ordinance regulating short-term residential vacation rentals. The ordinance that was adopted by the Council allowed both non-owner occupied rentals and owner-occupied rentals in multi-family zones and allowed only owner-occupied rentals in single-family zones. The Council, upon passage of the vacation rental ordinance, directed ---PAGE BREAK--- 3 Ogden City Council Work Session: January 24, 2017 that the City explore options to address a vacation rental in one of these non-conforming commercial style buildings located in a single-family zone. The property has a small, independent coffee shop located in the commercial building portion of the structure which is attached to a single-family home that has been used as a vacation rental. While the coffee shop remains a legal non-conforming use and was not specifically impacted by the vacation rental ordinance adoption, the vacation rental ordinance prohibits the use of the attached home as a non-owner occupied vacation rental due to its single-family residential zoning. The proposed inclusion of and the specific regulations regarding residential vacation rentals as an allowable use was discussed heavily among the Planning Commission members during its review of the proposal on January 4, 2017. After much discussion, and several failed motions, the ordinance that was given a recommendation of approval by the Commission included the option to allow both owner-occupied and non-owner occupied rentals to operate in these non-conforming commercial style buildings. The proposed ordinance excludes the linear block restriction for non-owner occupied rentals in these buildings if the building is located in a single-family zone. The proposal would still limit non-owner occupied rentals in multi-family zones to one per linear block even if the vacation rental is a reuse of one of these buildings. In addition, under the proposed ordinance the vacation rental would not be subject to the restricted hours of operation because of the more residential nature of the rental use. Current Proposal The current proposal is to amend Section 15-6-3.H, Non-conforming Uses, of the City’s zoning ordinance. The proposed amendments primarily impact three areas: the conditional use process amendment, the approval process, and the consolidation and clarification of allowable uses with the addition of residential vacation rentals to the list of allowable uses. Conditional Use Process Amendment and Approval Process The proposed amendments include a rewording of the introductory paragraph for the section indicating that the option to reuse a building under the provisions is no longer a “last resort” and that the approval process is no longer a conditional use process. The proposed amendments strike the conditional use process and introduce common ---PAGE BREAK--- 4 Ogden City Council Work Session: January 24, 2017 requirements for all reuses. The proposal effectively changes the reuse option in this ordinance from a conditional use permit process to a staff level approval of a use that must meet preset conditions. The exception to that approval is when a property owner wishes to alter the site or the exterior of the building. In this case, these changes would need to be approved by the Planning Commission; however, the approval is not a conditional use approval. The Commission’s review is limited to landscaping, parking, and building exterior. The standards that the Commission must use are outlined in the proposed amended ordinance. Allowable Uses and Vacation Rentals Under the existing ordinance and in the proposed amendment ordinance, there are specific uses that are permitted under the options for the reuse of one of these types of buildings. There are several reasons for this. First, there are relatively few non-residential uses that could or should be allowed in residential areas. While Ogden and many other cities around the country are working to integrate and mix land uses, there is still an appropriate limit to the mixing of uses. Uses that have excessively early or late hours of operation as well as uses that may be visually or audibly impactful are not necessarily a good fit for a residential neighborhood. In addition to the potential impact on the neighborhood, there are also relatively few uses that can actually use the kind of space available in one of these commercial style buildings. With that in mind, the proposal removes some vague and no longer relevant uses and consolidates some others. The proposal is careful, however, to not lump commercial and retail uses together in such a way that an inappropriate use, such as a smoke shop, can relocate to one of these buildings. The proposal also adds vacation rentals as an allowable use for these buildings and would allow both owner-occupied and non-owner occupied rentals in any residential zone. If the vacation rental permitted under this provision is non-owner occupied and is in a single-family zone, the vacation rental is not subject to the linear block restriction that exists for non-owner occupied rentals in multi-family zones. If the vacation rental takes place in a multi-family zone, the linear block restriction for non- owner occupied rentals still applies. Under the proposed ordinance, vacation rentals are excluded from the hours of operation standards associated with the other uses. Likewise, window coverings that may be associated with a more residential style use, such as curtains, drapes, or blinds, are excluded from the window signage restrictions. ---PAGE BREAK--- 5 Ogden City Council Work Session: January 24, 2017 Planning Commission The Planning Commission reviewed the proposal at the January 4, 2017 meeting and forwarded a recommendation of approval with a vote of 8-0. The Commission made its recommendation with the finding that the proposed amendments are consistent with the state law provisions regarding conditional use permits, amending the language to include vacation rentals and single-family residential is consistent with compatible uses for these types of buildings in neighborhoods and the proposed amendments define standards for reuse that are consistent with the general plan. Public Comments No comments were received at the Commission’s January 4th meeting. The transmittal documents indicate that inquiry phone calls have been received but that no concerns have been expressed. Questions for Administrative Staff 1. Please provide additional detail on the Planning Commission’s discussions regarding the addition of vacation rentals to the options for reuse. 2. Please discuss the Commission’s recommendation to exclude non- owner occupied rentals in single-family zones from the linear block restriction while still restricting non-owner occupied rentals in multi- family zones to one per linear block. 3. Please provide background on how often this reuse provision has been used and how a change from the conditional use process will affect the review process. Attachments 1. Transmittal 2. Ordinance 3. Planning Commission Report 4. List of existing non-conforming commercial style buildings Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---