ORDINANCE 07-111
AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF ARTICLE IX, SECTION 3 AND ARTICLE II, SECTION 2 OF THE ZONING ORDINANCE TO PROVIDE REGULATIONS REGARDING DECKS AND PATIOS;
PROVIDING AN EFFECTIVE DATE


Whereas, the City of Lakeland Zoning Ordinance does not provide separate standards for decks and patios; and,

Whereas, the City has interpreted decks to be accessory structures and regulated them based on standards found in the Zoning Ordinance for accessory structures; and,

Whereas, the Board of Appeals made a recommendation that the City adopt standards specifically for decks and patios; and,

Whereas, the Municipal Planning Commission reviewed the proposed standards at its meeting on September 17, 2007.


Now, therefore, be it ordained by the board of commissioners of the city of Lakeland Tennessee that:

Section 1. The City of Lakeland Zoning Ordinance, Article IX, Section 3, and Article II, Section 2 is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.


First Reading: October 04, 2007.
Public Hearing: October 22, 2007.
Final Reading: November 01, 2007.



Scott Carmichael, Mayor

ATTEST:



Sontidra Franklin, City Recorder


Exhibit “A”
The following text shall be added to the sections identified:
Article II, Section 2
Definitions
DECK -- A raised horizontal structure without roof or walls attached to a principle structure and more than four (4) inches above finished grade at any point. Similar structures not attached to a principle building shall be considered an accessory structure and shall comply with standards for accessory structures.
PATIO -- A horizontal structure supported by the ground at finished grade (less than 4 inches above finished grade at any point), used for other than vehicular purposes, constructed of masonry, stone, brick, block or other such non-flammable material.
Article IX, Section 3
9. Decks
a. Patios are permitted in the side and rear yard but shall be set back at least five (5) feet from the rear property line and at least three (3) feet from side property lines.

b. All decks shall comply with the required rear yard building setback for the Zoning District in which it is located, with the following exceptions:
1. Lots that consist of less than 8,000 square feet in area AND have a rear yard directly adjacent to a permanent, non-developable open space (common open space, conservation easement, etc.) shall be regulated as follows:
a. Decks with a maximum height of thirty (30) inches at any point shall be permitted in the side and rear yard but shall be set back at least five (5) feet from the rear property line and shall comply with the side yard setback requirement for principal buildings.

b. Decks having a maximum height of forty-eight (48) inches at any point shall comply with the setback requirements for accessory structures.
c. Decks over forty-eight (48) inches in height at any point shall comply with the setback requirements for principal buildings.
d. A deck shall not cover more than 30% of the yard in which it is located. For example, if the deck is located in the rear yard, it may not cover more than 30% of the rear yard, as measured from the rear of the principal structure to the rear property line between side property lines.


2. Lots that consist of less than 8,000 square feet but do NOT have a rear yard directly adjacent to permanent open space (interior lots), decks shall be regulated as an accessory structure and shall comply with the setback requirements for accessory structures.