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HOW TO WRITE AHOW TO WRITE A ZONING ORDINANCEAPA National Conference 2011
Topicsp
1. Why Update the 6. Drafting the1. Why Update the Code?
2 O er iew of the
6. Drafting the Regulations
7. More About2. Overview of the Code Update Process
7. More About Procedures
8. Testing3. Choosing a Format
4. Getting Started
8. Testing9. Multi-Format
Implementationg
5. Creating a Code Audit/Diagnosis
Implementation
Audit/Diagnosis
Quiz: Is it Time to Update?p1. Code has definitions for tannery, abbatoire, wool-pulling,
or eleemosynary societiesYes No
2. Code includes pyramid zoning with cascading uses3. Purpose statements? What purpose statements?4 C d d i l d d l d d f hi4. Code does not include development standards for things
like landscaping or open space5. Parking standards have not been updated since the 1973
oil embargo6. Community has created a PUD for a single-family structure7 St t bli l i l ti i l d b tt l t t l7. State enabling legislation includes better regulatory tools
than local regulations8. You have looked for a provision for “x” topic but it is not
there –and this has happened more than once
Is it Time to Update?p4 8. BZA (BOZ, ZBA) variance approval list is formidable Yes No
9. There is a staff copy of the code that is heavily annotated e e s a s a copy o e code a s eav y a o a edand covered in post-its
10 Planning was historically handled by another department11 Code was originally borrowed (read copied) from another
jurisdiction12 A major process (e.g., rezoning) is ignored in favor of a j p ( g , g) g
minor alternative13 Use variances are a staple14 There is one staff go-to person, questions cannot be
answered when this person is out15 Development applications require a blessing from council p pp q g
members in that district
Is it Time to Update?p5 16 Current code is older than youngest staff member Yes No
17 Current code is older than the oldest staff member17 Current code is older than the oldest staff member18 There have been more than a few instances of creative
interpretation19 Applicants must follow administrative documents that are
actually regulatory20 Pending litigation for any type of infrastructure issue20 Pending litigation for any type of infrastructure issue21 Rezonings conditionally approved with deed restrictions to
further restrict uses otherwise permitted in the new district22 Procedures are improvised23 Code provisions have blocked development that complied
with planwith plan
Is it Time to Update?p6
24 Only way to create mixed-use development is through combination of multiple districts
Yes No
225 Single-issue districts (e.g., no tanning parlors in Sunshine Street Overlay district)
26 Code is missing critical basic development information:26 Code is missing critical, basic development information: density, dimensions, uses
27 Add yours here
What is a Good Code?
C i i h h lConsistent with the plan
Result of public involvement
Identifies development the community wants
Users can understand itUsers can understand it
It is complete
Its provisions and requirements are legal
The jurisdiction can use the codeThe jurisdiction can use the code
Steps to Code ReformPlan Start with a good plan
Scope
Select a project managerIdentify your budget Select a code writer or consultantWrite a clear scope
Public Process Talk to peopleListen to peopleFacilitateFacilitate
Di d
Diagnose Write Adopt Train
Train the staffB th 21$t C t LDCDiagnose your codeDecide what kind of code you want
Train the staffTrain the applicants
Buy the 21$t Century LDCWrite the standardsVet the standards
Ch i FChoosing a Format
Code Type
idea
n
orm
ance
act /
GM
mpo
site
mBa
sed
Eucl
i
Perf
o
Impa
Com
Form
Use
Bulk
Environment
Building DesignBuilding Design
Site Design
Infrastructure capacity
Timing
= directly related | = indirectly related
Code TypesTypes
What is a Conventional Code?
Use-based – separation and control ofUse based separation and control of usesGeneral bulk and height controlsGeneral bulk and height controlsHistoric single-use districts, evolved into more mixed-use districtsmore mixed use districtsMost conventional codes have parking standardsstandardsSome have development and design standardsstandards
What is Form Based Zoning?g
Emphasis on regulating theEmphasis on regulating the physical form of buildings and abutting public realm g p(street, blocks & building frontage)
Compared to conventional zoning’s emphasis on
ti f dseparation of use and use-based standards
Basic Difference
Conventional Zoning Prioritizes USE over
Form-Based Zoning Prioritizes FORM overPrioritizes USE over
form:Prioritizes FORM over use:
FormManage-
mentUse Form Manage-
ment Use
Not quite a revolution – but very clearly a migration
14
What is a Hybrid Code?y15
Traditional code plus at leastTraditional code plus at least one other type
Geographic applicationGeographic application
Combined procedures and d l t t d d
Table 16.02‐1: Summary of Review and Decision ResponsibilitiesR = Review/Recommendation; H = Public Hearing; D = Decision; A = Appealdevelopment standards
“Specialty districts” can
/ ; g; ; ppProcedure Dir. HPC PZC TC
Comprehensive Plan Amendment (Section 16.03.030)
R R‐H D‐H
Code Text Amendment (Section 16.03.040) R R‐H D‐HRezoning (Section 16.03.050) R R‐H D‐HPlanned Unit Development (Section 16.03.060)
Sketch Plan R R R‐HPreliminary PUD R R‐H D‐HFinal PUD R R‐H D‐H
Major Subdivision Sketch Plan R R R‐HPreliminary Plan R R H D Hinclude specific regulations (Section 16.03.070) Preliminary Plan R R‐H D‐HFinal Plat R D‐H
Right‐of‐Way Vacation (Section 16.03.080) R D‐HMinor Subdivision (Section 16.03.090) D AVariance (Section 16.03.100) R D‐H ASpecial Review Use (Section 16.03.110) R D‐H A
Design Review (Section 16.03.120) R R‐H*
D‐H A
Alternative Compliance Determination (Section 16.03.130)
D A
Form‐Based Development (Section 16.03.140) D ADevelopment Plan (Section 16.03.150) D AMinor Modification (Section 16.03.160) D AVested Property Right (Section 16.03.170) D AAppeal (Section 16.03.180) D‐H
Sustainable Codes (Hybrid)( y )16
Any code type modified to includeAny code type modified to include sustainable development concepts:
Climate ChangegAlternative Energy ProductionWater QualityyNative Species and Habitat ProtectionLow-impact Development and Green InfrastructureMobility and TransportationLand Use and Community Character
Things Conventional Codes May OmitMay Omit
Design Standards Infrastructure capacityDesign StandardsProceduresN f i i
Infrastructure capacityState/federal legal issuesD l d dNonconformities
Vested rightsDevelopment standards –landscaping, open space, parking lot designSustainability
Standards
parking lot designMethod for mixing uses
Things Form Based Codes May Omit g y
Land uses Suburban designLand usesSustainability standardsP d
Suburban designSupplemental use regulationsProcedures
Nonconformities
regulationsInfrastructure capacityE f tVested rights EnforcementState/federal legal issues
Use Conventional Zoning If…g
Your community is risk averseYour community is risk averseYou are happy with what you haveLow staffing or learning curveLow staffing or learning curveYou fear the unknownY lik h l "Z"You like the letter "Z"
Use Form Based Zoning If…g
Your community embraces the cutting edgeYour community embraces the cutting edgeYou don’t have a zoning code, or what you have is circa 1936Average age of staff is no more than 30 years, and everybody’s GIS, Sketch-Up and InDesign skills are y y , p gexceptionalWords like “transect,” “streetscape,” “public realm,” and “entry features” are part of the every-day vocabulary in your city
G i S dGetting Started
Issue Identification
How does the code Why do applicants seek:How does the code implement the plan?How does the code get
Why do applicants seek:VariancesWaiversHow does the code get
in the way of the plan?What does the
WaiversModifications PUD/PD ApprovalWhat does the
community want that is not in the code?
/ pp
What do elected officials What regulations are most frequently
complain about?What things must staff
negotiated?g
interpret?
Issue Identification – Talk To:
Interview people who work with theInterview people who work with the code (even if you are the expert)
Elected and appointed officialsElected and appointed officials
Talk to developers and other design professionalsprofessionalsLegal department - find out if your community has lost any legalcommunity has lost any legal challenges to the regulations
Issue Identification – Research:
Compare the regulations to the plan(s) and askCompare the regulations to the plan(s) and ask “how would I accomplish ____”
Determine what issues are most common at theDetermine what issues are most common at the Planning Commission, BZA, or Council/Board
R i w d l t li tiReview some development applications
Review the planning desk copy of the code (or f )most-flagged version)
Research APA and other planning publications for best practices to compare to actual practices
Types of Issuesyp
ObsolescenceObsolescenceObfuscation (either actual or used as a term in your existing regulations)y g g )AccretionOut of complianceOut of complianceInconsistent with planInconsistent internallyInconsistent internallyInconsistent with growth patternsOverly restrictive (new opportunities)Overly restrictive (new opportunities)New regulatory tools
Problem-Solvingg
Check statutes and casesCheck statutes and casesVary from state to stateChange dailyChange dailyConsult experienced land use counsel
L l ditLegal auditsPinpoint problemsSuggest solutions
What Needs to be Updated?What Needs to be Updated?27
Zone Districts
Standards
DefinitionsObjectives -Ass mptions
Procedures
Definitions Assumptions
Vesting /Non-
Conformities
Following Issue Identificationg
Diagnosis/Annotated OutlineDiagnosis/Annotated Outline
Analyze issues and current regulations
Organize the new document
Quick review without messy detailsQuick review without messy details
Provide flexibility
Provide examples
Diagnosis: Frame the Problemg
Not all problems have regulatory p g ysolutions
Not all regulatory problems are worth g y pthe effort
Issue identification begins with the plan
Don’t confuse regulations with enforcement
Focus, focus, focus!!
Annotated Outline add denver
Outline that identifies where all code information will be locatedDescribes changes to existing regulations and potential new
l iregulationsShows formatting and numbering
COMPARISON OF ORDINANCESCurrent Ordinances Proposed UDC
Chapter 50. Zoning Table of Contents
Chapter 51. Water Resource Management Chapter 1: General Provisions
Ch t 18 E i d S di t C t l Ch t 2 Z i Di t i tChapter 18. Erosion and Sediment Control Chapter 2: Zoning Districts
Chapter 28A. Heritage Preservation Chapter 3: Use Regulations
Chapter 29A. Housing Code Chapter 4: Development Standards
Chapter 37: Plats Chapter 5: Administration and Procedures
Ch t 44 Si Ch t 6 D fi itiChapter 44. Signs Chapter 6: Definitions
Chapter 45. Art. IV Concurrent Use Appendices
Chapter 45. Art. X. Vacation of Highways Index
Contents: Conventional Code Diagnosisg
Contents: FBC Charrette Summaryy
Exercise Question #1Issue Identification & Diagnosis
P bli I l
I i diffi l d f f
Public Involvement
It is very difficult to draft your way out of negative feedback from the public.
How To Assess The Need for Change35es
s
• Surveys• Interviews• Focus groups• Workshops
• Mandates• Stakeholders• Leaders• Users
• Data analysis• Maps• Plan
documents/
lic p
roce
p• Charrettes
Driv
ers
Polic
y • State / federal law
Publ D
Creating a Public Review Processg
How much? How little?How much? How little?Was there previous planning groundwork?How much time do you have?How much time do you have?Legal requirements = minimum for adoption
Wh t ki d?What kind?Issue identification vs. draft reviewTechnical review vs. policy review
Who to involve?Targeted group vs. wide open
Public Involvement Loopp37
ConstantConstantPlanning CommissionAdvisory CommitteeAdvisory CommitteeDepartments
I t itt tIntermittentPublicDevelopment CommunityDesign Professionals
Drafting - Working with Elected and Appointed OfficialsAppointed Officials
38
Policy Input andPolicy Input and Guidance
Involvement in ProcessInvolvement in Process
Avoiding Surprises
Identifying Hot Button Issues
Citizen Groups
Environmental Groups
Development Professionals
Form-Based Code Public Involvement
CharretteCharretteVisual Preference SurveyInterviewsInterviewsCharacter Areas Analysis - Transect IdentificationM k i B di C h PhMarketing, Branding, Catch-Phrases
What About the Internet
•BlogsBlogs•Drafts•YouTube•Interviews•FAQs•Meeting calendar/schedule•What’s New?•What s New?•Kitten/baby videos•Form of the weekForm of the week•Glossary/terminology
Exercise Question #2:Exercise Question #2:Public Involvement
D f i h R l i
C i l C d
Drafting the Regulations
1. Conventional Codes2. Form-Based Codes3. Hybrid Codes
C l C dConventional Code
Typical Code Contentsyp
General Provisions44
General ProvisionsZone DistrictsUsesUsesDevelopment StandardsAd i i t ti d P dAdministration and ProceduresNonconformitiesE fEnforcementDefinitions
Use Regulationsg
Categories - residentialCategories - residential, commercial, industrialPermitted by rightPermitted by rightPermitted with di i idiscretionary reviewAccessory Supplemental RegulationsNAICS / LBCSNAICS / LBCS
Conventional Zoning Metrics
Minimum lot sizeFrontageFrontageDepthDensityy
Conventional Zoning Metrics
Yards –SetbacksSetbacks
Conventional Zoning Metrics
Coverage –Impervious Surface pRatios
Conventional Zoning Metricsg
Heightg
Conventional Zoning MetricsMetrics
• Floor Area / Floor Area Ratio
Supplemental Use Regulationspp g
Accessory Uses / Home OccupationsAccessory Uses / Home OccupationsBed & BreakfastChild CareConvenience StoresJunkyards / Waste Disposaly / pShopping CentersOffice ParksOutdoor StorageTemporary Uses
Development Standardsp
Landscaping / BufferingLandscaping / BufferingLot & Block LayoutParking / LoadingParking / LoadingEnvironmental ControlsI d i l P f S d dIndustrial Performance StandardsSite Design
Zoning Mapg p
Part of ordinancePart of ordinance Labels districtsShows boundariesShows boundariesBoundary rulesA h i iAuthenticationDigital maps
Nonconformities
UsesUsesStructuresLLotsSituationsApplications (vesting)
aranoia Pncertainty
PU ncertainty U
elayDD
Marshall v. Salt Lake City(Ut h 1943)(Utah 1943)
Residential “C” district created small “utility zones” yfor neighborhood conveniencesSpot zoning challenge rejected:
“Here the general zoning plan of the city set within a reasonable walking distance of all homes in Residential ‘A’ districts the possibilities of such homes securing dailyA districts the possibilities of such homes securing daily family conveniences and necessities, such as groceries drugs, and gasoline for the family car, with free air for th ti d t f th di t th if dthe tires and water for the radiator, so the wife and mother can maintain in harmonious operation the family home, without calling Dad from his work to run errands.”
F B d C dForm-Based Codes
Typical Code Contentsyp
1. Regulating Plang g2. Public Space Standards3. Building Form Standardsg4. Definitions5. Optional:
Use StandardsArchitectural StandardsL d i S d dLandscaping StandardsSignage StandardsEnvironmental Resource Standardsv S
1. Regulating Plan1. Regulating Plan
Part of the codeCombines plan vision with form-based regulationsIdentifies ke streetIdentifies key street frontage typesCode’s building form standards are tied to identified street frontage typesMay look like a zoning map (e.g., Miami, Denver)
Regulating Plan from Peoria, Illinoisg gYellow = “Warehouse General Frontage”Blue = “Warehouse Local Frontage”
Regulating PlanArlington County VirginiaArlington County, Virginia
Columbia Pike = “Main Street Frontage”11th Street = “Local Frontage”
2. Public Space Standards2. Public Space Standards
Maximum blockMaximum block dimensionsStreet cross-section design
SidewalksTravel lanesOn-street parkingStreet treesStreet furniture
Public Space StandardsStandards
S t C d M d lSmart Code Model (ver. 9.2) Street Cross SectionStreet Cross Section Standards
Intent =Intent “Movement”ROW widthPavement widthDesign speedOn-street parkingStreet trees
Public Space StandardsPublic Space Standards
S C d M d lSmart Code Model (ver. 9.2) Public Frontage Standards - By Transect Type
Curb, walkway, planters & landscape standards
3. Building Form StandardsStandards
HeightHeightBuild-toE t f tEntry featuresGround-story and upper storyupper-story fenestration, (e.g., transparency)p y)Upper-story sculpting & massing (e.g., step-g ( g , pbacks, roof forms)
Building Form vs. FARBuilding Form vs. FAR
Advantage of Form BasedAdvantage of Form-Based Approach vs. ‘FAR’/ l /b lk‘FAR’/envelope/bulk approach = Predictability of resulting form
Buildings’ relation to streetgMaximum height and massingBuilding coverage vs openBuilding coverage vs. open areas on lot
Floor Area Ratio (FAR)( )
FAR = 44 Fl4 Floors
FAR = 48 Fl8 Floors
FAR = 416 Fl16 Floors
FAR = 432 Fl32 Floors
Building Form vs. FARg
B ildiBuilding Forms ffrom
Denver Z iZoning Code
H b id C dHybrid Codes
“99% f All C d ”“99% of All Codes”
Typical Hybrid Code Contentsyp y
Conventional + Form-Based +Conventional Design StandardsForm-Based Districts
Form Based Use StandardsOverlays andForm-Based Districts
and StandardsPerformance Zoning
Overlays and Special DistrictsDevelopmentPerformance Zoning
Overlays and Special Districts
Development Standards
Special DistrictsComposite DistrictsInfrastructureInfrastructure Standards
What is a composite code?p
Conventional Zoning Composite ZoningCheeseburgerNo Coke, … Pepsi
AppetizerMain CourseDessertDrinkDrink
USE OPTIONS
Source: David Hutton, Planning Director, City of Leander
COMPOSITE ZONINGCHOICE OF USECHOICE OF USE
GC – GENERALSFR – SINGLE FAMILY RURALSFE – SINGLE FAMILY ESTATESFS – SINGLE FAMILY SUBURBAN
GC GENERALCOMMERCIAL
SFS SINGLE FAMILY SUBURBANSFU – SINGLE FAMILY URBANSFT – SINGLE FAMILY TOWNHOUSEMH – MANUFACTURED HOME
BAR CONVENIENCE STOREGROCERY STORE
MF – MULTI-FAMILYLO – LOCAL OFFICELC – LOCAL COMMERCIAL
HOTELRETAIL SALESAUTO REPAIR
GC – GENERAL COMMERCIALLI – LIGHT INDUSTRIALHI – HEAVY INDUSTRIAL
AUTO SALESAUTO WASHING AND FUELING
PUD – PLANNED UNIT DEVELOPMENT
Source: David Hutton, Planning Director, City of Leander
SITE COMPONENTS
Source: David Hutton, Planning Director, City of Leander
COMPOSITE ZONINGCHOICE OF SITE STANDARDSCHOICE OF SITE STANDARDS
TYPE 2 STANDARDS
Type 1
TYPE 2 STANDARDS
Drive-through service lanes permitted
Type 2Type 3
Outdoor display not permitted (Type 3 limits to 30% of building floor area)
Outdoor storage not permitted Type 4Type 5
g p(Type 3 limited to 20% of building floor area)
Outdoor commercial fueling and vehicle washing not permittedg p(Allowed in Type 3 with 100-150’ spacing from residential district)Overhead commercial service doors not Ov vpermitted (Type 3 allows them)
Source: David Hutton, Planning Director, City of Leander& modifications by White & Smith, LLC
ARCHITECTURALCOMPONENTSCOMPONENTS
Source: David Hutton, Planning Director, City of Leander
COMPOSITE ZONINGCHOICE OF ARCHITECTURAL STANDARDSCHOICE OF ARCHITECTURAL STANDARDS
TYPE A STANDARDS
Type A
TYPE A STANDARDS
85% masonry requiredType A
Type B
T C
15% of front façade to consist of window openings
Building fronts have at least 5-9 architecturalType C
Type D
Building fronts have at least 5-9 architectural features (depending on building size)(Type B is 4-7)
R id ti l h i ht t t d 35’Residential height not to exceed 35’
Non-residential height not to exceed 45’ (up to 90’ with step-back)
Source: David Hutton, Planning Director, City of Leander& modifications by White & Smith, LLC
COMPOSITE ZONINGPREDICTABILITY (GC USES)PREDICTABILITY (GC USES)
Source: David Hutton, Planning Director, City of Leander
TND
The New Denver Zoning Codeg
DZC = Contextual + Form Based + ConventionalContextual:
Recognizes and validates suburban and “less urban” patterns of Denver developmentVariation on Smart Code’s “transect”
Form Based: Form Based: Building form standards calibrate development to its neighborhood context
Conventional:Includes important use-based allowances / limits
“Contextual”
←The Smart Code’s Transect “Zones”
Denver’s Neighborhood Contexts ↓
“Form-Based”Context = Urban NeighborhoodBuilding Form = Duplex
Use - Based Regulationsg
Exercise Question #3: Drafting theExercise Question #3: Drafting the Regulations
D f i C ThDrafting – Common Themes
Who Drafts
Potential victims What to think aboutPotential victims
Staff
Consultant
What to think about
Number of staff
C d dConsultant
PoliticiansCompeting demands
BudgetCitizen committee
Special interestsCompetence
Experience
Amount
Breadth/disciplines/ p
Pre-Drafting Details: Project Managerg j g
Characteristics of good project managersg p j g
ResponsibilitiesManage process
Manage consultant
Coordinate staff/consultant communication
Schedule meetingsg
Provide information
Delegate tasks
C di i h bli / k h ldCoordinate with public/stakeholders
Coordinate with Planning Commission / Governing Body
Involve local media outlets
D f i R l iDrafting Regulations
“What do other places do?”p
Precedent is most common and useful avenue forPrecedent is most common and useful avenue for solutions
Vets problemspVets solutionsAdministrative experiencepDevelopment community’s reactionPublic’s reaction
“What do other places do?”p
Sources of precedentSources of precedentCommunities in your stateCommunities in other statesCommunities in other statesModel codesPlanning Advisory Service (PAS)g y ( )List servesCasesConsultants
“What do other places do?”p
Make sure the solution works for YOUMake sure the solution works for YOULegal frameworkStatutory frameworkStatutory frameworkPhysical/topography/climate differencesPolitical climateBuilt characterComprehensive planp pStaffingOther costs
Drafting: Who Is My Audience?g y
Audience While Drafting Audience After AdoptionAudience While DraftingYour staffLegal department
Audience After AdoptionYour staffDevelopment g p
Other departmentsPlanning Commission/
CommunityBusiness CommunityPublicElected Officials
Development C it
PublicPlanning Commission/ Elected
Community/
OfficialsJudicial system
Regulatory Draftingg y g
Organize to meet your reader’s needsOrganize to meet your reader s needs
Know your audience
Communicate clearly what the person reading the regulations is supposed to do
“There are two things wrong with most legal writing. One is style. The other is content.”One is style. The other is content.
Regulatory Draftingg y g
Understand your word choiceUnderstand your word choiceShall = Must =Must Must not = May =yWill =Should =Encourage=
Regulatory Draftingg y g
U E li hUse common EnglishSpecial case – Terms of artMake a pointTest your instructionsUse active voice (most of the time)
The ball was kicked. Tina kicked the ball.
Top 10 New Urbanist Jargon W d d PhWords and Phrases10. Centroidal 5. Building Disposition10. Centroidal9. Enfront8 Regulating Plan
g p4. Pedestrian Shed3. Charrette8. Regulating Plan
7. Essence of Propinquity
2. Immersive EnvironmentPropinquity
6. Human Scale 1. Transect
Drafting Pet Peevesg
“Shall be required”Shall be required“Such”“in the event that”in the event that“it is the responsibility of”“ h i i f S i ”“the provisions of Section xx.xx”“This page intentionally left blank”“No less than…”Irrelevant capitalization of Common WordsInsert your personal favorite peeves here….
Types of Graphicsyp p
PlPicturesDrawingsT t d Li D i
PlansSectionsElevationsText and Line Drawings
3-D Illustrations
ElevationsSketchesPhotographsg p
Do Graphics Regulate?p g
# fExercise Question #4: Drafting
D f i P dDrafting Procedures
Discretionary Authority
Highly Legislative Plan AmendmentsDiscretionary Legislative - Plan Amendments, Rezonings
Administrative (quasi-judicial) -Subdivisions, CUPsVariances, Modifications (warrants)
Non-Ministerial - Building Permits, CO
Discretionary
Procedures -Drafting Tips
TABLE 4-1: SUMMARY OF DECISION AUTHORITY BY PROCESS TYPE
KEY: D =Decision Authority | R = Recommendation only | CA = Call-up and Appeal Authority
(n) = Max. number of days for call-up or appeal
Standard or Application Type Staff/City Manager BOZA Planning Board City Council Drafting Tips
1. Prepare a Summary Table of Authority
Code Interpretation SECTION 9-2-3 D CA (14) CA (30) CA
Setback variance < 20% SECTION 9-2-3 D D - -
Setback variance > 20% SECTION 9-2-3 - D - -
Parking, access dimensions SECTION 9-2-2 D - - - of Authority SECTION 9-2-2
Parking deferral SECTION 9-2-2 D - - -
Parking reduction <25% SECTION 9-2-2 D - - -
Parking reduction >25% but < 50% SECTION 9-2-2 D(14) - CA, D(30) CA
P ki d ti >50%Parking reduction >50%SECTION 9-9-6(F) - - D(30) CA
Building height, conditional SECTION 9-7-6 D - -
Building height, connected or non-standard SECTION 9-2-14 D(14) - CA, D (30) CA
Building height SECTION 9-7-5 - - D(30) CA
Conditional Use SECTION 9-2-2 D - - -
Use Review SECTION 9-2-15 D(14) - D(30) CA
Site Review SECTION 9-2-14 D(14) - CA, D (30) CA
REZONING R DREZONINGSECTION 9-2-18 - - R D
Annexation SECTION 9-2-16 - - R D
Wetland Permit-Simple SECTION 9-3-9 D - - -
Wetland Permit-Standard SECTION 9-3-9 D(14) - D(30) CA
Extension of Dev’t Approval < 1yr SECTION 9-2-12(B)(1) D - - -
Extension of Dev’t Approval >1yr SECTION 9-2-12(B)(2) - - D(30) CA
Recisssion of Dev’t Approval SECTION 9-2-12(E) D - - -
Procedures More Drafting TipsProcedures-More Drafting Tips
Standardize common elements of all procedures
Pre-application stepspp p
Waiver of fees/submittal requirements
P bli iPublic notice
Withdrawal of application
Appeals
Procedures - Even More Drafting Tipsg p
H l f l hi tHelpful graphics a must
TABLE 4-2: PUBLIC NOTICE OPTIONS
Public Notice Type
Type of Application, Meeting or Hearing
Mailed Notice Posted Notice
Pre-Application
Conference (if required)
Staff
1 Administrative Reviews (except those identified below) none none
2 Subdivisions & Minor Subdivisions
To adjacent property owners and mineral rights owners a min. of 10days before final action
Post property a min. of 10 days from receipt of application and prior to final action or any hearing
Staff Review &
Recommendation
BOCC P & Z Hearing Officer
3 Good neighbor meetings To property owners within 600 feet of subject property a min. of 10 days before meeting
none
4 Solar exceptions, solar access permits, accessory units, cooperative housing
To adjacent property owners a min. of 10 days before final action
Post property a min. of 10 days from receipt of application and prior to final action or any h i
BOCC Hearing/ Decision
P & Z Hearing/ Decision
BOCC
Officer Hearing / Decision
(for Site Plan or Activity Envelope
with Vested Rights)
coope at e ous g act o hearing
5
Applications requiring BOZA action, wetland permit and boundary determination
To property owners within 300 feet of subject property a min. of 10 days before final action
Post property a min. of 10 days from receipt of application and prior to final action or any hearing
Development Review Applications (site review use
To property owners within 600 feet of subject property and any
Post property a min. of 10 days from receipt of application and
One-Step ReviewsNote: All One-Step Reviews follow either
BOCC Appeal
6 Applications (site review, use review, annexation, rezoning, concept plans)
feet of subject property and any mineral rights owners a min. of 10 days before final action
from receipt of application and prior to final action or any hearing
pof the above process except Variances
Procedures - Food for Thoughtg
How much procedural complexity can yourHow much procedural complexity can your community stomach?As complexity increases… demand forAs complexity increases… demand for administrative resources increases
Every decision requires a public hearingy q p gEverything’s negotiatedDesign review run amokg
Flip Side – Less isn’t always morealways more
T iTesting
Drafting - Testing & ModelingDrafting Testing & Modeling
TestingWhen and how oftenWho will conduct?Different approaches:
Hypothetical or prototypical casesActual cases/plans“Maximum” acceptability testShow the difference - old vs. new - why is new better?Parallel application by staff
hil di i diwhile ordinance is pending
113
MULTI-FORMAT OPTIONS FOR MU O M O ONS OIMPLEMENTATION
Old/New: Parallel Codes/
Two codes, two sets of rules, and choices…
Old Code continues to operate…and:
New Code operates parallel to old…and:
, ,
p
Applicant has choice to develop under old or new
d
Applicant has choice to develop under new code
code
Incentives to sway choice toward new
Or, city makes new code mandatory in some places, and in other places, applicanttoward new
Process
Underscore differences
and in other places, applicant has the choice.
Old/New: Embedded Codes/
New code language and approach is fully i t t d i t i ti d
Example:
integrated into existing code
City adopts a form-based approach to zone districts and uses, but carries forward existing parking, landscaping, environmental protection and otherenvironmental protection and other general development standards
New form-based zone districts are fully integrated into existing codeg g
Current general development standards carried forward
D fi iti i d t i tDefinitions are revised to incorporate new form-based related terms
Old/New: Optional Codes/ p
New code provisions are integrated into existing d d il bl ti f ll li t
Example: Form-based approach to d l t i ti
code, and available as option for all applicants
development is an option available only through a PUD-type review process. Applicant prepared a regulating plan and prepared a regulating plan and form-based standards to govern together as the PUD district plan.
Options are acceptable butOptions are acceptable, but may not achieve objectives
Old/New: Mandatory Codes/ y
No parallel codes, no transitions to ease the pain, no li t h i ti l j t f ll th
Example: Huntersville NC adopted an
applicant choices, no optional, just follow the new code
Example: Huntersville, NC adopted an entirely new zoning code based on New Urbanist planning principles, and incorporating lot/building types as
Lot Type/Storefront Bldg
p g / g ypbuilding blocks for new zone districts
Building Placement to rear, Parking /
Vehicular Access in front
Encroachment / Pedestrian Access to Building, Street
Wall / Entrancefront Wall / Entrance
After Adoption…p
Th C d Li i D tThe Code as Living Document…Training for staffTesting and stretching periodOversight committee optionR dj i hi kReadjust, revise, rethinkIs it really your problem to fix?