Subject:
Title
Ordinance Amending Chapter 62, Article VI, Re: Sewer Lift Stations, Sewer Vacuum Stations, and other Water and Sewer Utility Infrastructure Elements. (first reading)
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct the first of two public hearings to consider an Ordinance amending Chapter 62, Article VI, Re: Sewer Lift Stations, Sewer Vacuum Stations, and other Water and Sewer Utility Infrastructure Elements.
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Summary Explanation and Background:
The Board of County Commissioners, in regular session on August 30, 2022, approved legislative intent to grant permission to advertise revisions to Chapter 62, Article VI, Zoning Regulations, and directed staff to revise the Code and update Sections 62-1102, 62-1844.7, 62-2103 and 62-2106 regarding sewer lift stations, sewer vacuum stations and other water and sewer utility infrastructure elements. The proposed changes will allow this type of utility infrastructure to be constructed in any zoning classification and provide greater flexibility within the zoning code.
Proposed Amendments:
This paragraph is for informational purposes only to provide background for changes (not part of the ordinance).
#62-1102 Definitions
• Will create the following definition for sewer lift stations, sewer vacuum stations and other water and sewer utility infrastructure elements:
Sewer lift stations, sewer vacuum stations, and other water and sewer utility infrastructure elements means the following:
Sewer lift stations are defined as a wastewater collection and pumping system that collects wastewater from collector sewers and pumps it through force main sewers.
Sewer vacuum stations are defined as a <https://www.lawinsider.com/dictionary/vacuum-sewer-system> mechanized system of wastewater collection utilizing differential air pressure to move the wastewater. Centralized stations provide the vacuum with valve pits providing the collection point from the source and also the inlet air required to move the wastewater.
Water and sewer utility infrastructure elements are defined to include, but are not limited to, other infrastructure needed to support the transmission of water and sewer utilities.
#62-1844.7 sewer lift stations, sewer vacuum stations and other water and sewer utility infrastructure elements:
• Will create a new section and a set of performance standards for sewer lift stations, sewer vacuum stations and other water and sewer utility infrastructure elements:
Sec. 62-1844.7. Sewer Lift Stations, Sewer Vacuum Stations, and Other Water and Sewer Utility Infrastructure Elements.
(a) Sewer lift stations, sewer vacuum stations, and other water and sewer utility infrastructure elements uses shall be a permitted use within all zoning classifications, subject to the following conditions:
(1) Sewer lift stations, sewer vacuum stations, and other water and sewer utility infrastructure elements which utilize an above ground structure smaller than 300 square feet shall meet a minimum setback of five (5.0) feet from all property lines of the parcel.
(2) Sewer lift stations, sewer vacuum stations, and other water and sewer utility infrastructure elements which utilize an above ground structure greater than 300 square feet shall meet the following requirements:
a. Have a minimum front setback meeting the requirements of the current zoning classification; and
b. When the sewer vacuum station is architecturally treated to appear as a single-family residence, the side and rear setbacks shall maintain the minimum setback of five (5.0) feet. If the sewer vacuum station is not architecturally treated to appear as a single-family residence, the parcel shall utilize landscape buffers along the perimeter of the parcel consistent with the Type A and Type B buffers provided in Chapter 62, Article XIII, Division 2, and must meet the setback criteria for the applicable zoning classification.
(b) Sewer lift stations, sewer vacuum stations, and other water and sewer utility infrastructure elements are exempt from having to meet the minimum lot size requirements (width, depth and area) of the zoning classification in which they are located.
(c) Sewer lift stations, sewer vacuum stations, and other water and sewer utility infrastructure elements are exempt from having to apply for and comply with the County’s site plan requirements identified in Chapter 62, Article VIII.
#62-2103 Alteration of lot size
• Will create additional criteria for when a lot is reduced by more than 50% for the purposes of a sewer lift stations, sewer vacuum stations and other water and sewer utility infrastructure elements:
#Sec. 62-2103. Alteration of lot size; structures and lot sizes made nonconforming as a result of dedication or partial condemnation; access to lots.
(a) No existing lot or parcel shall be reduced in dimension or area below the minimum requirements applicable to such lot under the provisions of this chapter except as provided elsewhere in this section.
(b) When a lot is reduced in dimension or total area by 20 percent or less as a result of a portion of such lot being dedicated or condemned for public purposes, the lot shall be considered nonconforming and shall be considered to contain the dimensions and area it contained prior to such dedication or condemnation, however, that, for purposes of determining any other land development requirements, including setback requirements within this chapter, the dimensions and area of such lot as it exists after the condemnation or dedication shall apply.
(c) When a lot is reduced in dimension by 50% or less as a result of a portion of such lot being dedicated or condemned for a sewer lift station, sewer vacuum station, and other water and sewer utility infrastructure elements, the lot shall be considered nonconforming and shall be considered to contain the dimensions and area it contained prior to such dedication or condemnation. For purposes of determining any other land development requirements, except setbacks and building spacing requirements within this Chapter, the dimensions and area of such lot as it exists after the condemnation or dedication shall apply.
(c)(d) Every building or structure hereafter erected shall be located on a lot as defined in this chapter. Every building hereafter erected or structurally altered shall be on a lot, plot, tract or parcel which is consistent with section 62-102 regarding access.
#62-3202(b) Exemptions
• Will add the following language to allow for sewer lift stations, sewer vacuum stations and other water and sewer utility infrastructure elements to be exempt from the site plan requirements:
(b) Exemptions. The following are exempt from the site plan review; however, shall comply with all other development regulations and building code requirements.
(1) Detached single family or duplex/two family residence on a fee simple lot.
(2) Changing the use of an established site or changing the occupational classification within a structure where the existing parking supports the new use.
(3) Ancillary structures including, but not limited to, sheds, canopies, and coolers to an established principal use meeting the following criteria:
a. The structure does not necessitate the expansion of the existing infrastructure such as parking spaces, stormwater system, etc., or
b. Does not impact the adequacy of the existing infrastructure (e.g. utilize necessary parking spaces, remove/reduce stormwater, etc.), and
c. The scope of work does not require modifying the existing site engineering and can be regulated through the building permit review process.
(4) Co-locates of antennas and equipment on existing towers and tower sites, where there is no expansion of the lease area, no relocation of existing fencing, and no clearing of existing vegetation necessary.
(5) Sewer lift station, sewer vacuum station, and other water and sewer utility infrastructure elements.
On October 17, 2022, the Local Planning Agency considered the proposed ordinance and voted 6:3 to recommend approval.
Clerk to the Board Instructions:
None