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-Swimming pool and spa regulations are currently located in Chapter 8 (Building and Housing) of <br />City Code. However, many of the regulations are related to zoning issues. Staff believes that <br />most of these regulations would be more appropriately located in Chapter 9. The majority of <br />these regulations would remain unchanged, however, a ten (10) foot setback is proposed from <br />side and rear property lines. <br /> <br />The Building Code exempts certain structures from the building permit process. Structures that <br />are exempt from this process include accessory structures 120 scluare feet Or less, fences six (6) <br />feet or less in height, swimming pools and spas less than 5,000 gallons, and driveways. <br />However, all of these structures still must comply with zoning regulations. Thus, a zoning <br />permit has been created and would be required to help ensure that these types of structures are <br />properly located on a property and meet all other zoning regulations. <br /> <br />The Planning Commission conducted a public hearing on April 21, 2005 regarding-the proposed <br />amendments to the accessory uses section of City Code. At that time, the Planning Commission <br />expressedconcerns regarding several issues including two-story accessory buildings, the lack of <br />a limit on the number of accessory buildings on larger properties, and the unlimited square feet <br />for accessory buildings on properties that are greater than forty (40) acres. The Commission <br />continued the public hearing to the regular meeting in May and requested that Staff revise the <br />proposed amendments to address these concerns. <br /> <br />The following revisions have been incorporated into the proposed ordinance: <br /> <br />Properties that are at least 3.5 acres but less than 6.5 acres shall be limited to a maximum <br />of four (4) accessory buildings on the lot; properties that are at least 6.5 acres but less <br />than ten (10) acres shall be limited to a maximum of five (5) accessory buildings; <br />properties that are at least ten (10) acres but less than twenty (20) acres shall be limited to <br />a maximum of six (6) accessory buildings; properties that are at least twenty (20) .acres <br />but less than forty (40) acres shall be limited to a maximum of seven (7) accessory <br />buildings; and properties that are forty (40) acres or greater shall be limited to a <br />maximum of eight (8) accessory buildings. <br />Properties that are forty (40) acres' or greater in size will be restricted to a maximum of <br />12,000 square feet of accessory building space. <br />Two-story accessory buildings shall only be permitted on properties that are two (2) acres <br />or greater and only by issuance of a' conditional use permit.. <br /> <br />Recommendation: <br /> <br />Staff recommends forwarding the proposed ordinances to City Council for adoption. <br /> <br />Commission Action: <br /> <br />Motion to recommend that City Council adopt an ordinance to amend Section 9.11.02 <br />(Accessory Structures), an ordinance to amend Section 9.20.11 (R-1 Residential District), and an <br />ordinance to amend Section 8.21 (Swimming Pool and Spa Permit). <br /> <br />44 <br /> <br /> <br />