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   PLANNING COMMISSION
  REPORT Regular Agenda -- Public Hearing  Item  | 
 
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   PC
  Staff Report 02/27/08 ITEM NO. 15:         AMENDMENTS TO CHAPTER 20,  DEVELOPMENT CODE (SMS) TA-12-25-07:  Consider
  amendments to various sections of Chapter 20 Development Code related to the
  definition of family in RS Districts. 
  Initiated by the Planning Commission on December 17, 2007.  | 
 
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   RECOMMENDATION:  Staff
  recommends the Planning Commission forward a recommendation for approval of
  the proposed revisions [TA-12-25-07] to Section 20-202 of the Development
  Code, to the City Commission.  | 
 
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   Reason for Request:  | 
  
   The Development Code does not
  specifically reference the occupancy limits permitted by the definition of
  family in RS Districts except in Article 17 Terminology.  Enforceable regulations should be placed
  elsewhere in the code.  The limits were
  previously identified in the Residential Districts article of the prior
  zoning ordinance and unintentionally omitted when the Development Code was
  adopted.  | 
  
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   RELEVANT GOLDEN FACTOR: 
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   PUBLIC COMMENT RECEIVED PRIOR TO PRINTING 
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   OVERVIEW OF REVISIONS PROPOSED ·       
  The amendment adds a specific reference
  to the occupancy limits in RS Districts to Section 20-202(g) to provide an
  enforceable code requirement.  The
  original text suggested at initiation has been modified to more clearly
  articulate the limits allowed for properties that contain an Accessory
  Dwelling Unit as permitted in 20-534. ·       
  Family is
  defined in 20-1701 as:  (1) A person living alone; (2) two or more persons
  related by blood, marriage, or legal adoption; (3) in an RS Zoning District, a group of not more than three
  persons not related by blood or marriage, living together as a single Housekeeping Unit in
  a Dwelling Unit, as distinguished from a
  group occupying a Dormitory, Boarding House, lodging house, motel, hotel,
  fraternity house or sorority house; or (4) in a Zoning
  District other than RS, a group of not more than four persons not
  related by blood or marriage, living together as a single Housekeeping Unit in
  a Dwelling Unit, as distinguished from a
  group occupying a Dormitory,
  Boarding House,
  lodging house, motel, hotel, fraternity house or sorority house.    | 
  
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   CRITERIA FOR REVIEW AND
  DECISION-MAKING Section
  20-1302(f) provides review and decision-making criteria on proposed text
  amendments.  It states that review
  bodies shall consider at least the following factors: 1)         
  Whether
  the proposed text amendment corrects an error or inconsistency in the
  Development Code or meets the challenge of a changing condition; and The proposed amendment corrects an error in the Development Code. The previous zoning code was amended in 2001 to reduce the number of unrelated persons living in a dwelling unit in a single-family district from no more than four persons to no more than three persons. This limitation resulted in amendments to the Residential Districts article and the Definitions article of the zoning ordinance. When the Development Code was adopted in July 2006, this restriction was only carried over into the Terminology article. Legal Staff has indicated that it is problematic to enforce the regulation when it is only listed in the definitions. The text amendment corrects that error so that the provision is enforceable. 2)         
  Whether
  the proposed text amendment is consistent with the Comprehensive Plan and the
  stated purpose of this Development Code (Sec. 20-104). [Section
  20-104 of the Development Code states that the purpose of the Development
  Code is to implement the Lawrence/Douglas County Comprehensive Land Use Plan
  (Horizon 2020) and other applicable plans adopted by the City Commission,
  hereinafter collectively referred to as the “Comprehensive Plan” – in a
  manner that protects, enhances and promotes the health, safety, and general
  welfare of the citizens of Lawrence.] The proposed amendment is
  consistent with Horizon 2020.  The proposed amendment will not negatively
  impact the health, safety and general welfare of the citizens of   | 
  
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   HOW TO READ THE AMENDED TEXT New
  text is identified by bold, italic typeface whereas
  deleted text is identified by  The
  line containing the amendment as referenced in this report is highlighted
  grey within the table for ease of reading.  | 
  
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  20-202 RS, Single-Dwelling
  Residential Districts
  
  The primary
  purpose of the RS Districts is to accommodate predominantly single detached Dwelling Units on individual Lots.
  The Districts are intended
  to create, maintain and promote housing opportunities for individual
  households, although they do permit nonresidential uses that are compatible
  with residential neighborhoods.  The RS Districts are primarily differentiated on the basis of
  required minimum  (i)         
  RS40,
  Single-Dwelling Residential District – 40,000 square feet. (ii)       
  RS20,
  Single-Dwelling Residential District – 20,000 square feet. (iii)      RS10, Single-Dwelling Residential District – 10,000 square feet. (iv)      RS7, Single-Dwelling Residential District – 7,000 square feet. (v)       
  RS5,
  Single-Dwelling Residential District – 5,000 square feet. (vi)      RS3, Single-Dwelling Residential District – 3,000 square feet. Principal Uses are allowed in RS Districts in accordance with the Use Table of Article 4. (c)       
  Accessory Uses
  and Structures
  Accessory Uses and Structures are permitted by right in connection with any lawfully established Principal Use, except as otherwise expressly provided in this Development Code. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Accessory Uses and Structures, including Accessory Dwelling Units and Home Occupations, are subject to the regulations of Sec. 20-532 et seq. (d)       
  Density
  and Dimensional Standards
  Unless otherwise expressly stated, all development in RS Districts shall comply with the Density and Dimensional Standards of Article 6. RS Districts are intended primarily for implementation along local and Residential Collector Streets. There are a number of other Development Standards that may apply to development in Base Districts, including but not limited to the following: (1)  General Development Standards                          See Article 11. (2)  Landscaping                          See Article 10. (3)  Off-Street
  Parking and Loading                          See Article 9. (4)  Outdoor
  Lighting                          See
  Sec. 20-11-3. (5)  Overlay Districts                          See Article 3. (g)       
  Occupancy
  Limits
  In
  RS, Single-Dwelling Residential Districts, a Dwelling Unit shall only be
  occupied by a Family as  defined in
  Section 20-1701 Family (1), (2) or (3). On properties in RS Districts that
  have an Accessory Dwelling Unit established in accordance with Section 20-534,
  the total number of individuals that reside in both units shall not exceed
  the total persons allowed in a dwelling unit located in the RS District as
  defined in Section 20-1701 Family (1), (2) or (3), plus one additional
  person.  |