2008-130 Council Resolution - Laserfiche WebLink

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• the zoning ordinance does not purposefully allow ". However it should be noted that 1) length of the structure is not due solely to the proposed sport court addition but also includes the attached garage; 2) the proposed building is in conformance with dimensional requirements of the zoning ordinance including setbacks and 3) a similar sized addition comprised of other designations such as bedrooms and /or family room would be also allowable under the ordinance requirements. • • The term "Sport Court" was introduced into the zoning ordinance as part a comprehensive update of the ordinance completed in 2003 (Ord. 08 -03). Prior to 2003 the zoning ordinance contained provisions regulating the placement of "Tennis Courts ". The tennis court provisions, within the zoning ordinance, date back to at least 1982. Historically, these provisions were applied to exterior backyard facilities. No comparable provisions were in place for similar uses such as basketball courts. The extent of changes from the pre 2003 code to the update was limited to the replacement of the word "tennis" with the word "sport" where applicable within the ordinance. Additionally, the definition of "Sport Court" was added and reads as follows: Sport Court. A facility that typically includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, or volleyball. The changes included in the 2003 update were simply intended to expand the regulatory requirements for "tennis" courts to cover similar exterior uses. The ordinance requirements themselves infer the intent to regulate an outdoor facility and remain unchanged from the prior requirements for tennis courts. The ordinance requirements include but are not limited to: 1. provisions for permits; 2. landscaping and turf protection, 3. setbacks including the prohibition from locating within required front and side yards 4. prohibitions from locating within public and private easements 5. requirements for the height of practice walls 6. chain link fencing requirements 7. lighting requirements. These requirements, in their inclusiveness, demonstrate that they are intended to regulate an exterior detached use rather than a principal or accessory structure regulated elsewhere in the ordinance. Finally, to staffs knowledge this interpretation of the ordinance requirements for sport courts and tennis courts, for that matter, is not contrary to what has been historically, applied to uses constructed as part of the principal building.