Amendments to Chapter 30 & Amendments to Chapter 30 & 38 (Zoning Regulations)38 (Zoning Regulations)

1st BCC PUBLIC HEARING

April 22, 2008

Amendments to Chapter 30 & Amendments to Chapter 30 & 38 (Zoning Regulations)38 (Zoning Regulations)

1st BCC PUBLIC HEARING

April 22, 2008

Zoning Code Amendment Zoning Code Amendment ScheduleScheduleZoning Code Amendment Zoning Code Amendment ScheduleSchedule

• Local Planning Agency (LPA) / Planning & Zoning Commission Worksession – February 21

• Local Planning Agency (LPA) / Planning & Zoning Commission Public Hearing – March 20 (Current draft reflects changes)

• 1st Board of County Commission Public Hearing – April 22

• 2nd Board of County Commission Public Hearing – May 13

• Local Planning Agency (LPA) / Planning & Zoning Commission Worksession – February 21

• Local Planning Agency (LPA) / Planning & Zoning Commission Public Hearing – March 20 (Current draft reflects changes)

• 1st Board of County Commission Public Hearing – April 22

• 2nd Board of County Commission Public Hearing – May 13

Presentation OutlinePresentation OutlinePresentation OutlinePresentation Outline

• BCC Recommended Changes

• Staff Recommended Changes

• Late Additions

• BCC Recommended Changes

• Staff Recommended Changes

• Late Additions

BCC Recommended ChangesBCC Recommended ChangesBCC Recommended ChangesBCC Recommended Changes

• Require Special Exception for religious institutions on agricultural zoned property in Rural Settlements

• Residential Accessory building standards on large parcels

• Portable food vendors in C-1 Zoning District

• Require Special Exception for religious institutions on agricultural zoned property in Rural Settlements

• Residential Accessory building standards on large parcels

• Portable food vendors in C-1 Zoning District

Require Special Exception Require Special Exception for Religious Institutions on for Religious Institutions on Agricultural zoned property Agricultural zoned property in Rural Settlements (Pg. in Rural Settlements (Pg. 27, Line 1169)27, Line 1169)

Require Special Exception Require Special Exception for Religious Institutions on for Religious Institutions on Agricultural zoned property Agricultural zoned property in Rural Settlements (Pg. in Rural Settlements (Pg. 27, Line 1169)27, Line 1169)

• Recommended by Commissioner Brummer• Procedural change • Requires a special exception to BZA if in the

Rural Settlement Areas • Ensures public awareness and participation

• Recommended by Commissioner Brummer• Procedural change • Requires a special exception to BZA if in the

Rural Settlement Areas • Ensures public awareness and participation

Residential Accessory Bldg. Residential Accessory Bldg. Standards on 2 acre + Standards on 2 acre + parcels (Pg. 28, Line 1217)parcels (Pg. 28, Line 1217)

Residential Accessory Bldg. Residential Accessory Bldg. Standards on 2 acre + Standards on 2 acre + parcels (Pg. 28, Line 1217)parcels (Pg. 28, Line 1217)

• Recommended by Commissioner Jacobs• Larger estate parcels build numerous

accessory structures (pool houses, RV storage, 4-car garage, fitness rooms, etc.)

• Variances for these do not meet variance criteria

• Proposing Special Exception option for larger accessory buildings on larger lots

• Must meet Special Exception standards not variance standards

• Recommended by Commissioner Jacobs• Larger estate parcels build numerous

accessory structures (pool houses, RV storage, 4-car garage, fitness rooms, etc.)

• Variances for these do not meet variance criteria

• Proposing Special Exception option for larger accessory buildings on larger lots

• Must meet Special Exception standards not variance standards

Portable Food Vendors in C-1 Portable Food Vendors in C-1 Zoning District (Pg. 33-34, Zoning District (Pg. 33-34, Lines 1476 - 1510)Lines 1476 - 1510)

Portable Food Vendors in C-1 Portable Food Vendors in C-1 Zoning District (Pg. 33-34, Zoning District (Pg. 33-34, Lines 1476 - 1510)Lines 1476 - 1510)

• Recommended by Commissioner Moore-Russell

• Current Code: Only allowed under canopy of a bldg. (Home Depot); No Special Exception option

• Proposed Change: If zoned C-1 and not under a canopy, OK to apply for a Special Exception

• Special Exception allows for public feedback

• Recommended by Commissioner Moore-Russell

• Current Code: Only allowed under canopy of a bldg. (Home Depot); No Special Exception option

• Proposed Change: If zoned C-1 and not under a canopy, OK to apply for a Special Exception

• Special Exception allows for public feedback

Portable Food VendorsPortable Food Vendors

Staff Recommended ChangesStaff Recommended ChangesStaff Recommended ChangesStaff Recommended Changes

• Clarify BZA Quorum• Use Variance definition• Clarify definition of Religious Institution• Special Exception or Variance review by DRC• Establish standards for Permanent Electric Generators• Establish standards for Temporary Portable Storage

Containers • Special Exception for barbed wire fence on residential

properties• Permit 6 ft. high wall/fence in residential front yard if on a

major road• Licensed alcoholic beverage location that predates

school/religious use not made non-conforming and license upgrade permitted Clarify administrative setback waivers

• Clarify BZA Quorum• Use Variance definition• Clarify definition of Religious Institution• Special Exception or Variance review by DRC• Establish standards for Permanent Electric Generators• Establish standards for Temporary Portable Storage

Containers • Special Exception for barbed wire fence on residential

properties• Permit 6 ft. high wall/fence in residential front yard if on a

major road• Licensed alcoholic beverage location that predates

school/religious use not made non-conforming and license upgrade permitted Clarify administrative setback waivers

Clarify BZA Quorum (Pg. 5, Clarify BZA Quorum (Pg. 5, Line 178)Line 178)Clarify BZA Quorum (Pg. 5, Clarify BZA Quorum (Pg. 5, Line 178)Line 178)

• Section 30-42(f) says: Quorum = 4 members with a simple majority for motion to pass

• Section 30-43(4) says: Quorum = 4 members with a concurrent vote of 4 members for motion to pass

• Proposal: Make Section 30-43(4) consistent with Section 30-42(f) (simple majority vote for motion to pass)

• Section 30-42(f) says: Quorum = 4 members with a simple majority for motion to pass

• Section 30-43(4) says: Quorum = 4 members with a concurrent vote of 4 members for motion to pass

• Proposal: Make Section 30-43(4) consistent with Section 30-42(f) (simple majority vote for motion to pass)

Use Variance Definition Use Variance Definition (Pgs. 7, Line 299 & Pg. 10, (Pgs. 7, Line 299 & Pg. 10, Line 400)Line 400)

Use Variance Definition Use Variance Definition (Pgs. 7, Line 299 & Pg. 10, (Pgs. 7, Line 299 & Pg. 10, Line 400)Line 400)

• A variance granted for a use not permitted in the zoning district

• Use variances are not legally defensible

• Rezoning is appropriate procedure

• A variance granted for a use not permitted in the zoning district

• Use variances are not legally defensible

• Rezoning is appropriate procedure

Clarify definition of Religious Clarify definition of Religious Institution (Pg. 7, Line 267)Institution (Pg. 7, Line 267)Clarify definition of Religious Clarify definition of Religious Institution (Pg. 7, Line 267)Institution (Pg. 7, Line 267)

• Expanding existing definition• Citizen complaints • Property owners using homes

primarily and/or exclusively as a religious institution

• The use is still permitted as a Special Exception (no change)

• Expanding existing definition• Citizen complaints • Property owners using homes

primarily and/or exclusively as a religious institution

• The use is still permitted as a Special Exception (no change)

Special Exception or Variance Special Exception or Variance review by Development Review review by Development Review Committee (DRC) (Pg. 12, Committee (DRC) (Pg. 12, Line 490)Line 490)

Special Exception or Variance Special Exception or Variance review by Development Review review by Development Review Committee (DRC) (Pg. 12, Committee (DRC) (Pg. 12, Line 490)Line 490)

• Some Special Exception applications require a more comprehensive staff review:

• Large Schools• Religious Institutions

• DRC may review:• Traffic• Drainage• Environmental

• Community-wide impacts

• Some Special Exception applications require a more comprehensive staff review:

• Large Schools• Religious Institutions

• DRC may review:• Traffic• Drainage• Environmental

• Community-wide impacts

Establish standards for Establish standards for Permanent Electric Generators Permanent Electric Generators (Pg. 20, Line 865 - 899)(Pg. 20, Line 865 - 899)

Establish standards for Establish standards for Permanent Electric Generators Permanent Electric Generators (Pg. 20, Line 865 - 899)(Pg. 20, Line 865 - 899)

• Typically larger than A/C units• Current code does not address them• Proposing clear standards • Must be screened and meet setbacks

• Typically larger than A/C units• Current code does not address them• Proposing clear standards • Must be screened and meet setbacks

Standards for Temporary Standards for Temporary Portable Storage Containers Portable Storage Containers (Pg. 31, Line 1376 - 1426)(Pg. 31, Line 1376 - 1426)

Standards for Temporary Standards for Temporary Portable Storage Containers Portable Storage Containers (Pg. 31, Line 1376 - 1426)(Pg. 31, Line 1376 - 1426)

• “POD’s”• Current code does not address• They are temporary• Max. size = 160 sq. ft.

• “POD’s”• Current code does not address• They are temporary• Max. size = 160 sq. ft.

Special exception for Special exception for barbed wire fence on barbed wire fence on residential properties (Pg. residential properties (Pg. 47, Line 2067)47, Line 2067)

Special exception for Special exception for barbed wire fence on barbed wire fence on residential properties (Pg. residential properties (Pg. 47, Line 2067)47, Line 2067)

• Currently not permitted in residential districts

• Proposal is to allow as Special Exception subject to providing adequate documentation for need:

• Sheriff’s report, HOA correspondence, etc

• Allows residential properties same protection as commercial properties

• Only on side or rear property lines

• Currently not permitted in residential districts

• Proposal is to allow as Special Exception subject to providing adequate documentation for need:

• Sheriff’s report, HOA correspondence, etc

• Allows residential properties same protection as commercial properties

• Only on side or rear property lines

Permit 6 ft. high wall/fence Permit 6 ft. high wall/fence in residential front yard if in residential front yard if on major road (Pg. 48, Line on major road (Pg. 48, Line 2088)2088)

Permit 6 ft. high wall/fence Permit 6 ft. high wall/fence in residential front yard if in residential front yard if on major road (Pg. 48, Line on major road (Pg. 48, Line 2088)2088)

• Currently limited to 4 ft. high on major roads

• Proposal is to allow up to 6 ft. high consistent with subdivision walls

• Allows same privacy from noise pollution as residential subdivisions

• Currently limited to 4 ft. high on major roads

• Proposal is to allow up to 6 ft. high consistent with subdivision walls

• Allows same privacy from noise pollution as residential subdivisions

Licensed alcoholic beverage Licensed alcoholic beverage location that predates location that predates school/religious use not made school/religious use not made non-conforming and license non-conforming and license upgrade permitted (Pg. 50, upgrade permitted (Pg. 50, Line 2207)Line 2207)

Licensed alcoholic beverage Licensed alcoholic beverage location that predates location that predates school/religious use not made school/religious use not made non-conforming and license non-conforming and license upgrade permitted (Pg. 50, upgrade permitted (Pg. 50, Line 2207)Line 2207)

• Location continues as conforming (can rebuild if damaged)

• Allows an upgrade of license series ( 2COP to 4COP) even after a school/church locates within 1000 ft of your business

• Location continues as conforming (can rebuild if damaged)

• Allows an upgrade of license series ( 2COP to 4COP) even after a school/church locates within 1000 ft of your business

Upgrade of alcohol beverage Upgrade of alcohol beverage license series means….license series means….Upgrade of alcohol beverage Upgrade of alcohol beverage license series means….license series means….

• May not change to a different license series

• Can’t go from on-site sales only to on-site consumption

• NOT OK to go from a store to a bar

• But OK to go from a wine bar to a beer, wine and liquor bar

• May not change to a different license series

• Can’t go from on-site sales only to on-site consumption

• NOT OK to go from a store to a bar

• But OK to go from a wine bar to a beer, wine and liquor bar

Modify administrative Modify administrative setback waivers (Pg. 57, setback waivers (Pg. 57, Line 2457)Line 2457)

Modify administrative Modify administrative setback waivers (Pg. 57, setback waivers (Pg. 57, Line 2457)Line 2457)

• Administrative waiver does not require BZA review

• Primarily used for surveyor errors• Currently allows for 3% deviation in

front, side and rear setbacks• Not sufficient for front or rear yard

situations • Proposal allows for 6% deviation in

front and rear yard • Only applies to existing development

• Administrative waiver does not require BZA review

• Primarily used for surveyor errors• Currently allows for 3% deviation in

front, side and rear setbacks• Not sufficient for front or rear yard

situations • Proposal allows for 6% deviation in

front and rear yard • Only applies to existing development

Administrative Administrative Waiver for Front and Waiver for Front and Rear SetbacksRear Setbacks

Administrative Administrative Waiver for Front and Waiver for Front and Rear SetbacksRear Setbacks

CURRENTReq’d Setback 3% Waiver- 30 ft. (front/rear) - 29.1 ft.- 25 ft. (front/rear) - 24.25 ft.

PROPOSEDReq’d Setback 6% Waiver- 30 ft. (front/rear) - 28.2 ft- 25 ft. (front/rear) - 23.5 ft

CURRENTReq’d Setback 3% Waiver- 30 ft. (front/rear) - 29.1 ft.- 25 ft. (front/rear) - 24.25 ft.

PROPOSEDReq’d Setback 6% Waiver- 30 ft. (front/rear) - 28.2 ft- 25 ft. (front/rear) - 23.5 ft

Minor Substantive ChangesMinor Substantive ChangesMinor Substantive ChangesMinor Substantive Changes

• Minor Substantive Changes

- Variance approvals per site plan and conditions (Pg. 3, Line 130)- Night watchman security quarters are permitted in Commercial districts (Pg. 18, Line 775)- Stand alone carwash uses are permitted in C-1 subject to meeting new standards (Pg. 27, Line 1188)- Breezeway attachments between house and accessory bldg. from 15 ft. to 20 ft. (Pg. 35, Line 1534)- Unapproved lot splits are not grounds for granting variances for lot size and lot width (Pg. 46, Line 2030)

• Minor Substantive Changes

- Variance approvals per site plan and conditions (Pg. 3, Line 130)- Night watchman security quarters are permitted in Commercial districts (Pg. 18, Line 775)- Stand alone carwash uses are permitted in C-1 subject to meeting new standards (Pg. 27, Line 1188)- Breezeway attachments between house and accessory bldg. from 15 ft. to 20 ft. (Pg. 35, Line 1534)- Unapproved lot splits are not grounds for granting variances for lot size and lot width (Pg. 46, Line 2030)

Late AdditionsLate AdditionsLate AdditionsLate Additions

• Clarify Shared Parking:Clarify Shared Parking:

• Sections 38-1477 and 38-1478Sections 38-1477 and 38-1478

• unified development plan shares parkingunified development plan shares parking

• 38-1477 – “the 300 foot distance is not 38-1477 – “the 300 foot distance is not applicable to a unified development plan (e.g. applicable to a unified development plan (e.g. shopping center)”shopping center)”

•38- 1478 – “or where the uses are part of a 38- 1478 – “or where the uses are part of a unified development plan (e.g. shopping unified development plan (e.g. shopping center)center)

BCC Action RequestedBCC Action RequestedBCC Action RequestedBCC Action Requested

• No formal action • 2nd Public Hearing May 13, 2008• 2nd Hearing set for 5:01 P.M.• Board can authorize alternate

time with super-majority vote (Majority +1)

• No formal action • 2nd Public Hearing May 13, 2008• 2nd Hearing set for 5:01 P.M.• Board can authorize alternate

time with super-majority vote (Majority +1)

Amendments to Chapter 30 & 38 Amendments to Chapter 30 & 38 (Zoning Regulations)(Zoning Regulations)

BCC PUBLIC HEARING

April 22, 2008

Amendments to Chapter 30 & 38 Amendments to Chapter 30 & 38 (Zoning Regulations)(Zoning Regulations)

BCC PUBLIC HEARING

April 22, 2008