File #: 22-4727    Version: 1 Name: OA#22-005: Public Hearing to Consider a Proposed Amendment of Sections 155.072(B), of the Mansfield Code of Ordinances Regarding Definitions for an Accessory Unit and Section 155.072(J)(5)(c) of the Mansfield Code of Ordinances Regarding the habitable are
Type: Zoning Case Status: Passed
File created: 6/14/2022 In control: Planning and Zoning Commission
On agenda: 6/21/2022 Final action: 6/21/2022
Title: Ordinance - Public Hearing and First and Final Reading on an Ordinance to Amend Section 155.072(B) of the Mansfield Code of Ordinances Regarding Definitions for an Accessory Unit and Section 155.072(J)(5)(c) of the Mansfield Code of Ordinances Regarding the habitable area of an Accessory Unit(OA 22-005)
Title
Ordinance - Public Hearing and First and Final Reading on an Ordinance to Amend Section 155.072(B) of the Mansfield Code of Ordinances Regarding Definitions for an Accessory Unit and Section 155.072(J)(5)(c) of the Mansfield Code of Ordinances Regarding the habitable area of an Accessory Unit(OA 22-005)

Recommendations:
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission Held a public hearing on June 21, 2022 and voted -- to -- to recommend approval.

Staff Recommendation
Staff recommends approval.

Description/History
Section 155.072(B) in the D, Downtown District currently sets out the definition of an accessory unit as: “A dwelling unit not greater than 800 square feet, and sharing ownership and utility connections with a principal building; and the dwelling may or may not be within an principal building and it may or may not be for rent.”

The current ordinance allows both the principal building and the accessory unit to be rented to different tenants. In this situation, the accessory unit ceases to be ancillary to the principal building and becomes a principal building in its own right. The proposed amendment ensures that the property is owner-occupied and only one of the buildings can be rented. An owner may 1) live in the principal building and rent the accessory unit; or 2) the owner may live in the accessory unit and rent out the principal building. The amendment also requires that an accessory unit has a separate entrance from the principal building. The amendment will revise the definition of an accessory unit to read as follows:

“ACCESSORY UNIT:

A type of residential unit not greater than 800 square feet sharing ownership and utility connections with a principal building with a separate entrance from the principal building; it may or may not be within an outbuilding. Accessory units may only be rented if the principal building is owner-occupied. Alternatively, a property owner may live in the accessory unit an...

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