Planning Commission

Spearfish Planning Commission Agenda Tuesday, September 15, 2020 - 3:00 PM Meeting Location: City Hall City Council Chambers, 625 N Fifth Street, Spearfish SD 57783 This meeting will also be broadcast on Zoom Join Zoom Meeting https://us02web.zoom.us/j/88078896173 Meeting ID: 880 7889 6173 Dial by your location +1 346 248 7799 US (Houston) Meeting ID: 880 7889 6173 Find your local number: https://us02web.zoom.us/u/kdTyjiL97G A. Call To Order B. Roll Call C. Approve the Minutes from September 1, 2020 D. Declaration of Conflicts of Interest E. Items for Action 1. Request: Amend Chapter 15A Subdivisions Sec. 15A-95. Water and sewer facilities Location Ag Zoning Districts Applicant: City of Spearfish Action: Hold a public hearing and make a recommendation to the City Council 2. Request: Amend Appendix A Zoning Article II. Definitions and Article V. Supplementary Regulations, Section 3. Minimum off-street parking requirements. Location: C1 and CC zoning districts Applicant: City of Spearfish Action: Set a public hearing for October 6, 2020 ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the Building and Development Office at 642-1335 and 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.  Spearfish Planning Commission Agenda (continued, page 2) 3. Request: Amend Appendix A. Zoning, Article V. Supplementary Regulations, Section 7. Nonconforming uses. Location: R1, R2, and R3 zoning districts Applicant: City of Spearfish Action: Set a public hearing for October 6, 2020 F. City Council Update G. Public Comment Public comments are welcome at this time, however, no action will be taken. H. Adjournment  Spearfish Planning Commission Regular Session Minutes September 1, 2020 The Spearfish Planning Commission met in regular session on Tuesday, September 1, 2020 at 3:00 p.m. in the Council Chamber. Chairman Kruskamp called the meeting to order at 3:00 pm. Roll call was taken with the following members present: Larry Vavruska, Barbara Zwetzig, Greg Kruskamp, Meghan Byrum, and Bob Meyer. Absent: Toby Bordewyk and Drew Skjodal. Also present: City Planner Jayna Watson, City Attorney Ashley McDonald, City Administrator Mike Harmon, and Assistant City Planner Daniel Van Holland. APPROVAL OF MINUTES: Zwetzig moved, Byrum seconded, and all voted to approve the minutes from August 18, 2020. DECLARATIONS OF CONFLICTS OF INTEREST: Kruskamp called for any potential conflicts of interest to be identified. No conflicts were expressed. 1. Request: Initiate a change to Chapter 15A Subdivisions Sec. 15A-95. Water and sewer facilities Location: Citywide Applicant: City of Spearfish Action: Set a public hearing for September 15, 2020 Watson explained the background and details of the proposed amendment. Planning Commission discussed who would approve septic systems, the history to the 8-acre requirement for Rural Large Single-family lots, concerns about leakage, how many systems could be built, and how inspection would be handled. Joe Jorgensen provided comment on the proposal. Vavruska moved, Byrum seconded and all voted to set a public hearing for September 15, 2020 2. Discussion Zoning Ordinance change to set parking rate for studio/efficiency apartments Item: Van Holland presented staff research on other cities. Planning Commission discussed basing regulations on square footage and/or zoning district, creative solutions to parking, and shared parking possibilities. Ryan Wordeman and Jason Richards provided comment on the proposal. Staff will prepare a report to request an ordinance change for September 15, 2020. 3. Discussion Zoning changes to accommodate conversion of garages or other accessory Item: structure with non-conforming setbacks to apartments Van Holland presented staff updates and possible regulations. Planning Commission discussed when noncompliant setbacks could be allowed, how to regulate expansions and additional stories, tying the size to the primary structure’s footprint, where accessory dwelling can be located, and when a conditional use permit would need to be acquired. Ryan Wordeman and Joe Jorgensen provided comment on the proposal. Staff will prepare a report to request an ordinance change for September 15, 2020. Chairman Kruskamp moved the public comment section before the City Council Update section. PUBLIC COMMENT No public comment received CITY COUNCIL UPDATE: Watson provided updates regarding Commissioner Skjodal requiring an extended absence so he can teach a class at BHSU. The City’s Parks and Recreation Master Plan effort is now underway and a public input survey is available by hard copy and by a link in the City’s website. ADJOURNMENT: There being no further business to come before the commission, Kruskamp adjourned the meeting at approximately 4:07 p.m.  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 This meeting will also be broadcast on Zoom Join Zoom Meeting https://us02web.zoom.us/j/88078896173 Meeting ID: 880 7889 6173 Dial by your location +1 346 248 7799 US (Houston) Meeting ID: 880 7889 6173 Find your local number: https://us02web.zoom.us/u/kdTyjiL97G Meeting time September 15, 2020 at 3pm and date: Applicant: City of Spearfish Amend the terms of Chapter 15A Subdivisions. Sec.15A-95. Water and Request: sewer facilities Action: Hold a public hearing and make a recommendation to the City Council Location: All properties zoned Agriculture (AG) Proposal This amendment will allow on-site wastewater systems (septic) for one (1) Summary: acre parcels zoned Agriculture (AG). BACKGROUND AND HISTORY: • Currently, only lots zoned Rural Large Lot Single Family (RLS-1) at or larger than eight (8) acres are not required to connect to municipal water and sewer systems. • State Administrative Rule 74:53:01:16 sets the minimum lot size for private, on-site wastewater systems at 43,560 square feet (1 acre) when a private well is located on the lot and 20,000 square feet if a private water system is not present. • Several areas within the City, zoned AG, are unable to connect to City sewer due their distance from existing sanitary sewer mains and/or due to challenging topography. • The Woodlands neighborhood is zoned AG and developed with city water and septic because gravity sewer was not technically feasible since the existing sewer is higher in elevation than this neighborhood. Page 1 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  • This change will allow many of these lots to qualify for private on-site wastewater systems in lieu of a City sewer main connection. At the last Planning Commission meeting, the following additional information was requested for follow up: • Approximate area or number of lots that could be built using this method. • An assessment of the relative risk of septic systems versus closed/piped municipal waste-water systems. • Guidance from a civil engineer regarding septic systems. Under this proposal, the number of residential lots that could be developed with septic is dependent on the availability of municipal water also being available to serve the property and whether or not it is a cost effective solution to invest in running a water main to serve the parcel. 400 acres north of Interstate 90 and immediately east of Rainbow Road could be developed within the dashed line of the green shaded area (Ag zoning district) assuming it is cost effective to bring water this distance from Colorado Boulevard. Several hundred lots are possible in this location. If annexation were requested south of Colorado Boulevard, that would be an eligible location as well. Page 2 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020 Land shown below is located south of the Green Acres neighborhood are lands zoned Ag, but because this area is higher in elevation that what can be served by the city’s water supply, city water service is not possible and therefore could not develop using the new septic provision. However, these owners could request the RLS-1 zoning (8 acre lot minimum size) and have both septic and onsite private well service. ~239 acres ~43 acres Page 3 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020 Land located in the vicinity of the amphitheater has limited availability to water based on the elevation of the property but approximately 20-30 acres within the dashed line may qualify. The parcels shown in the green in the upper left corner of this image do not qualify because they are higher in elevation than the city water system. Page 4 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020 Ag zoning in the green shade extends north along Highway 85, and has constraints for the cost effective means of extending water, with the nearest water available ½ to ¾ mile to the south at the Villages at Creekside development (yellow star on the map). This water main would have to cross Interstate 90 below grade. This distance and technical application makes it unlikely that this area would develop using the 1 acre septic system provision. The next possible area of 1 acre lot development would be the location between Interstate 90 and the Reserve (dashed line), where city water is available in the Old Belle/McGuigan Road approximately 60 -80 lots would be possible. Old Belle Rd Highway 85 I-90 Page 5 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020 REVIEW CRITERIA AND STAFF ANALYSIS: This ordinance revision is guided by South Dakota Codified Law (SDCL) Chapter 11-6-27 Recommendation and adoption of subdivision regulations—Purpose of regulations—Notice and public hearing required. SDCL states that “the planning commission shall recommend and the council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction.” The State Department of Environment and Natural Resources (DENR) regulations, as listed in Administrative Rules 74:53:01:16, sets the on-site wastewater system lot size requirement at 1 acre when a private well also exists on the lot, and 20,000 square feet when a well does not. Lowering the exemption from eight (8) acres to one (1) would bring City Code into greater uniformity with State regulations. Further, there exists several parcels within the City currently zoned as AG and sized at one acre or greater. Infrastructure does not exist in these areas and, due to the topography and distance, extending mains to these parcels is not feasible. Key considerations for this request include: • Increases the availability of larger, semi-rural residential lots within city limits. • Ensures that lots are served with a closed public water system; low risk of drinking water contamination from drain fields. • Provides an alternative to sewer lift stations which pump wastewater to the gravity system from areas that are lower in elevation. • Future proposals for annexation using this standard will need to be evaluated for the cost/benefit to the city since generally, the primary goal of annexation is for urban levels of development, not, large lot development patterns. SUMMARY OF PROPOSED CHANGES: Current Text Proposed Amendment Sec. 15A-95. Water and sewer facilities Sec. 15A-95. Water and sewer facilities (b) For lots eight (8) acres and larger, (b) For lots eight (8) acres and larger, zoned connection to the municipal water and sewer Rural Large Lot Single Family (RLS-1), and system is not required. Private/shared wells located at a distance greater than otherwise and private disposal systems are permitted per required by state law or city code to be city code Chapter 18, Article III Division 3 and connected to a sanitary sewer, connection to shall be designed and stamped by a registered the municipal water and sewer system is not professional engineer. required. Private/shared wells and private disposal systems are permitted per city code Chapter 18, Article III Division 3 and must will be designed and stamped by a registered professional engineer. (c) For lots one (1) acre and larger, zoned Agriculture (AG), and located at a distance greater than otherwise required by state law or Page 6 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  city code to be connected to a sanitary sewer, connection to the municipal sewer system is not required. Private disposal systems are permitted and must be designed and stamped by a registered professional engineer. Connection to the municipal water system is required. STAFF RECOMMENDATION: Approve PUBLIC COMMENTS: Notice of a public hearing was published on September 5, 2020 ATTACHMENTS: Page 7 – Ordinance text STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com Page 7 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15A. SUBDIVISIONS OF THE REVISED ORDINACES OF THE CITY OF SPEARFISH. BE IT ORDAINED by the Common Council of the City of Spearfish, that Chapter 15A. Subdivisions, Article V. Zoning, Article V. General Requirements and Minimum Standards of Design and Development, Section 15A-95 will be amended with the following text (proposed new language is noted in bold text.): Sec. 15A-95. Water and sewer facilities. (a) The subdivider shall be is required to connect to the municipal water and sewerage systems and must shall install all facilities according to the specifications of the public works department. Service lines shall must be stubbed to every lot abutting a street prior to the surfacing of the street. (b) For lots eight (8) acres and larger, zoned Rural Large Lot Single Family (RLS-1), and located at a distance greater than otherwise required by state law or city code to be connected to a sanitary sewer, connection to the municipal water and sewer system is not required. Private/shared wells and private disposal systems are permitted. per city code Chapter 18, Article III Division 3 and must shall be designed and stamped by a registered professional engineer. (c) For lots one (1) acre and larger, zoned Agriculture (AG), and located at a distance greater than otherwise required by state law or city code to be connected to a sanitary sewer, connection to the municipal sewer system is not required. Private disposal systems are permitted and must be designed and stamped by a registered professional engineer. Connection to the municipal water system is required. (c) (d) Wires for locating water and sewer services will must be installed (attached to outside of line) with new or replacement lines from the main to the outside of the structure it serves. (This will not be required on existing lines until the line is replaced). (d) (e) Stubbed water lines must will include curb stop, curb box, and rod extension from curb valve to top of the curb box. (e) (f) Water and sewer services stubbed into properties must will be marked at top of curb with a "W" and an "S" respectively. Effective Date. This ordinance will be effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor. Dated this ___th day of _________, 2020 CITY OF SPEARFISH Page 8 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  By: ______________________________ Dana Boke, Mayor ATTEST: ____________________________________ Michelle DeNeui, Finance Officer (SEAL) 1st reading – 2nd reading and public hearing – Published – Effective – Page 9 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 This meeting will also be broadcast on Zoom Join Zoom Meeting https://us02web.zoom.us/j/88078896173 Meeting ID: 880 7889 6173 Dial by your location +1 346 248 7799 US (Houston) Meeting ID: 880 7889 6173 Find your local number: https://us02web.zoom.us/u/kdTyjiL97G Meeting time September 15, 2020 at 3pm and date: Applicant: City of Spearfish Amend Appendix A Zoning Article II. Definitions; Article V. Supplementary Request: Regulations, Section 3. Minimum off-street parking requirements. Action: Set a public hearing for October 6, 2020 Location: Central Commercial, Central Core Commercial This amendment will define and assign a parking requirement for Proposal studio/efficiency apartments located in the C1 and CC zoning districts, and will Summary: also refine the shared parking agreement provision. BACKGROUND AND HISTORY: • There is increasing interest in developing smaller, studio/efficiency apartments within the downtown area. • Studio/efficiency apartments are not specifically defined in the City code and carry the standard 2.25 parking spaces for a multi-family residence. • Potential developers have noted the difficulty in building studio/efficiency apartments on the smaller downtown lots due to the parking requirement. • This change will define studio/efficiency apartments and assign a parking requirement of 1.5 spaces per unit. The most recent input from the planning commission suggested additional review of the following: Page 1 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  • Apply the studio parking rates to the downtown zoning districts only. • Apply a square footage factor to the studio parking ratio. • Identify options for shared parking in order to capture other nearby available parking. Staff’s recommendation includes limiting the studio and one bedroom parking rates to the CC and C1 zoning districts, and a revision to the shared parking regulations to allow more flexibility in allowing the same parking space to be credited for two different land uses. The square footage factor was not included because a large, high amenity studio space could still be occupied by one or two people. The higher parking rates are directly related to how many individual bedrooms are possible, representing a maximum number of tenants in each dwelling. REVIEW CRITERIA AND STAFF ANALYSIS: This ordinance revision is guided by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI. Administration and Enforcement, Section 5 Amendments. Staff’s analysis follows each statement in italic text. A. Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide. 1. Text or map amendments. Proposed amendments shall: a) Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. There is increasing interest in constructing smaller, single bedroom studio/efficiency apartments within the downtown area. However, the small lots within the downtown area are often unable to provide for the required off-street parking requirements for dwelling units. b) Be consistent with the intent and purposes of the ordinance. This change defines a new use and assigns it a parking requirement. This change allows for a new residential use that can more easily fit in the smaller lots within the C1 and CC. The change to the parking ordinance ensures that adequate parking is still provided, based on the assumption that either one person or one couple (2 persons) will occupy a studio/efficiency apartment, as opposed to a larger household for other apartment types. c) Not directly or indirectly adversely affect any other part of the ordinance. The change alters parking requirements for some multi-family dwellings. Studio/efficiency apartments only require 1.5 spaces instead of the 2.25 for multi-family dwellings. As a studio apartment is unlikely to be occupied by a larger household, the smaller parking requirement does not negatively impact the ordinance. d) Be consistent with and not in conflict with the Spearfish comprehensive plan. Strategy 3 for the Contiguous City states that the City will “encourage the adaptive re-use of existing structures and under-utilized lands to raise the visual quality and vitality in the community, reduce sprawl, and make efficient use of existing community infrastructure.” Current structures located within the CC and C1 district are often on lots too small to accommodate certain parking requirements. Several projects have been proposed to the City to transform derelict and underused lots and structures into small, studio apartments. These projects, however, often cannot proceed due to the parking requirement for multi-family dwellings. This change will allow for more adaptive re-use of structures and under-utilized land, allowing the city to meet a housing demand without acquiring new land or constructing new infrastructure. Strategy 3 of the Developing City states that the City will “create design solutions to allow mixed use projects that include a variety of residential, commercial, and employment areas to fit compatibly together.” With a parking requirement that matches the likely occupancy of the studio type unit, this change will give property owners greater flexibility for projects located on smaller lots. This will encourage more mixed-use projects Page 2 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  designed to accommodate both small, studio apartments with commercial uses. SUMMARY OF PROPOSED CHANGES: Proposed Text – Red indicates proposed changes. Article II. Definitions Structure means a combination of materials to form a construction that is safe and stable. Studio/efficiency apartment means a dwelling unit which the normal functions of several rooms – excluding the bathroom – are combined into only a single room. Temporary shelter means a facility that provides housing and support services to persons with no ordinary or regular residence as a result of domestic violence, unemployment, or other social or economic hardship. This definition excludes treatment centers Article V. Supplementary Regulations Section 3. Minimum off-street parking requirements No land shall be used or occupied; no structure shall be erected, altered, used or occupied, and no use shall be operated unless off-street parking facilities, in at least the amount required, are provided or available, and maintained in the manner set forth. Uses existing on the effective date of this ordinance shall not be reduced below the requirements of this section. [...] A. Minimum requirements. 1. Standards. a. Each off-street parking space shall be an area of not less than one hundred seventy-one (171) square feet, exclusive of access or maneuvering area, ramps, and other appurtenances as per the following standards (for illustration, see Appendix 2): [...] 3. Minimum amounts of off-street parking facilities required. The following minimum amounts of off-street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses and if the classification is not readily determinable it shall be fixed by the zoning administrator. a. Dwellings, one-family and two-family. Two (2) spaces per dwelling unit. b. Dwellings, multi-family. (1) 2.25 spaces per dwelling unit except for senior citizens housing which shall provide 1.5 spaces per unit. Page 3 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  (2) In C-1 and CC zoning districts only, 1.5 spaces per studio/efficiency apartment dwelling unit or one bedroom multi-family dwelling unit; 2.25 spaces per dwelling unit for all other multi family dwelling units. [...] 4. Combined parking facilities. The off-street parking facilities required of two (2) or more uses located on the same building site or an immediate proximity may be combined and used jointly under the following conditions:, provided that the facilities shall provide the sum total of the facilities required. a. The peak parking demand for each use takes place at different times of the day. b. The parking provided is based on the use with the greatest parking requirement. c. A plan showing land uses and parking required/provided shall be presented to City Council for action, upon recommendation of the Planning Commission. d. If approved by City Council, a combined parking agreement signed by the owners of all affected parcels shall be recorded in the office of the Lawrence County Register of Deeds. [...] 6. Special plan for location or sharing of facilities. Off-street parking facilities may be located on another site or shared under the following procedure. a. Application for approval of special plan. An application for approval of a special plan shall be filed with the planning commission by the owner(s) of the entire land area to be included within the special plan. It shall include the owner(s) of all structures existing on the land and all encumbrances of the land and structures. The application shall contain such information required by this ordinance or deemed necessary by the zoning administrator and shall include plans showing the location of the uses or structures for which off-street parking facilities are required and the location of the proposed off-street parking. b. Review of application. Applications shall be reviewed by the planning commission and either approved or disapproved by the city council within ninety (90) days, except that the applicant may request a continuance. c. Recording of special plan. A copy of the plan shall be recorded as a restrictive covenant against the property. d. Amendment or withdrawal of special plan. A plan may only be amended or withdrawn pursuant to the same procedure as for approval. STAFF RECOMMENDATION: Set a public hearing for October 6, 2020. PUBLIC COMMENTS: Page 4 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020 Notice of a public hearing will be published on September 26, 2020. ATTACHMENTS: Page 6 - Map of areas affected. STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com Page 5 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020 CC/C1 zoning Page 6 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  Spearfish Planning Commission Staff Report Meeting Location: City Council Chamber, 625 Fifth Street, Spearfish SD 57783 This meeting will also be broadcast on Zoom Join Zoom Meeting https://us02web.zoom.us/j/88078896173 Meeting ID: 880 7889 6173 Dial by your location +1 346 248 7799 US (Houston) Meeting ID: 880 7889 6173 Find your local number: https://us02web.zoom.us/u/kdTyjiL97G Meeting time September 15, 2020 3pm and date: Applicant: City of Spearfish Request: Amend Appendix A. Zoning, Article V. Supplementary Regulations, Section 7. Nonconforming uses Action: Set a public hearing for October 6, 2020 Location: R1, R2, and R3 zoning district This change will allow for accessory structures to be converted into second Proposal dwelling units without having to meet the primary structure setback Summary: requirements. This only will apply to buildings that exist as of the date this new regulation goes into effect. BACKGROUND AND HISTORY: • Several residents have expressed interest in converting existing garages into dwellings they can rent or occupy. • The city does allow this, so long as all zoning regulations, including setback requirements, and building code requirements are met. Most detached garages in the older neighborhoods , however, do not meet primary structure setbacks and many garages have legal nonconforming setbacks. • Staff and Planning Commission have researched and discussed possible options and regulations to allow for these conversions. • This change will allow for accessory structures to be converted into second dwellings so long as they meet accessory structure zoning requirements, all building code requirements for dwellings, AND encompass the same building footprint of the original structure • This change will also allow accessory structures with legal nonconforming setbacks, existing on Page 1 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  or before the date this ordinance vests, to be converted into second dwellings, so long as they meet other zoning requirements and all building code requirements. Previous conversations on this topic have included possible standards for maximum footprint and maximum square footage related to the primary structure. These standards are no longer recommended because the focus of this change relates to existing structures that are converted to a dwelling. Because the structure exists, it is irrelevant to add another standard to regulate its maximum size. Adding a second story to an existing structure would not be permitted. REVIEW CRITERIA AND STAFF ANALYSIS: This ordinance revision is guided by the City of Spearfish Revised Code of Ordinances, Appendix A- Zoning, Article VI. Administration and Enforcement, Section 5 Amendments. Staff’s analysis follows each statement in italic text. A. Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide. 1. Text or map amendments. Proposed amendments shall: a) Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally. Staff has received several inquiries into whether converting garages into dwellings is something that the City allows. Technically, it is but City requirements make it difficult in practice. This change makes such a conversion more plausible in practice. b) Be consistent with the intent and purposes of the ordinance. Second dwellings are already permitted in R2 and R3 districts and are conditional in R1 districts. Conversions are technically allowed per the code, but other regulations make it difficult to build them. This change explicitly states when and how these conversions can be allowed and what standards they must meet for approval. c) Not directly or indirectly adversely affect any other part of the ordinance. All zoning and building code standards remain the same. The only part of the code impacted by this change is the setback requirements within the district regulations. The proposed new rules would not allow these converted structures to expand beyond existing building footprints. Standard accessory structure setbacks do not interfere with utility easements or public rights-of-way. Structures with legal nonconforming setbacks may interfere with easements and rights-of-way, any conflicts with utilities will be resolved at the time a permit is requested. d) Be consistent with and not in conflict with the Spearfish comprehensive plan. Strategy 3 for the Contiguous City states the City will “encourage the adaptive re-use of existing structures and under-utilized lands to raise the visual quality and vitality in the community, reduce sprawl, and make efficient use of existing community infrastructure.” This change allows for adaptive re-use of existing structures by converting accessory structures into homes. By providing additional housing within areas already in city limits, sprawl can be reduced and there is no need for additional roads or utility mains, making efficient use of existing infrastructure. Implementation point 1 for Land Use and City Form states that the City will “adopt creative zoning, subdivision and development tools and standards to allow for the introduction of dis-similar, but compatible land uses into the existing fabric of the community, while also promoting smarter, more sustainable growth within city limits and extra territorial locations.” This change sets standards for a creative zoning/development tool that introduces a dissimilar but compatible use, an accessory dwelling in residential zones. Existing assets and structures are re-used and can help meet the demand for affordable housing without the City acquiring more land or constructing new infrastructure, thereby Page 2 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020  promoting smarter, more sustainable growth. SUMMARY OF PROPOSED CHANGES: Proposed Text changes shown in RED Article V. Supplementary Regulations, Section 7. Nonconforming uses A. General provisions. A nonconforming use of a building and land at the time of the adoption of this ordinance is deemed to be "grandfathered" and may be continued although the use does not conform with district regulations. Such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made. B. Continued use. 1. Whenever a district is changed, any existing nonconforming use in the changed district may be continued, provided all other regulations governing the use are complied with; 2. A nonconforming use, if converted to a conforming use, shall not be changed back to a nonconforming use; 3. Where a building or signs located in a district restricted against its use has been wholly or partially destroyed by fire or other calamity, a permit shall be granted for its reconstruction within a period not to exceed twelve (12) months from the date of its destruction; 4. Where a nonconforming use has existed and it is not exercised or continued for a period of one hundred eighty (180) days, the use shall cease to exist. Thereafter, uses shall conform to the district in which such premises or building is located. 5. Where a nonconforming use exists, it cannot change to another nonconforming use of different quality and characteristics unless the use is more compatible with the characteristics of the neighborhood in which it is located. Where a nonconforming use has changed to a more compatible use, it shall not be changed back to a less compatible use. (Ord. No. 969, 8-18-03) C. Conversion of an Existing Accessory Structure to a Dwelling Unit in R1, R2, and R3: 1. The structure to be converted to a dwelling must exist as of (effective date of the ordinance). 2. The conversion of the structure cannot increase the square footage of the existing structure’s building footprint. Non-conforming setbacks that exist are permitted to remain but shall not be reduced. 3. The structure must meet all building and fire code requirements. 4. The structure cannot be located within any public street or alley right of way. STAFF RECOMMENDATION: Set a public hearing for October 6, 2020 PUBLIC COMMENTS: Notice of a public hearing will be published on September 26, 2020. STAFF CONTACTS: Jayna Watson, City Planner, 605-717-1122; jayna.watson@cityofspearfish.com Daniel Van Holland, Assistant City Planner, 605-717-1126; daniel.vanholland@cityofspearfish.com Page 3 Spearfish Planning Commission Staff Report Meeting Date: 9/15/2020