PUBLIC HEARING - PaperlessBoardMeetings

Report
OCTOBER 22, 2013
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Process of Updating Zoning Ordinances.
 Variances (prompted by State law changes).
 Downtown District update.
 Accessory Buildings.
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Current Ordinance Review “Division 4
Performance Standards.”
Future Zoning Ordinance Review:
 Off-street parking.
 Signage.
 Zoning districts – allowed uses, etc.
Planning Commission review (4).
Open House at MMU as advertised & promoted
by Chamber of Commerce for public input (1).
 City Council Legislative and Ordinance
committee review (2).
 City Council introduction of ordinance (1).
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Public Hearing This Evening.
Council further review and revisions (pending).
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Section 86-3 of City Code “Purpose & Intent.”
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Generally, the zoning ordinance is established to:
 segregate uses that are thought to be incompatible.
 prevent new development from negatively impacting
existing residents or businesses (health, safety, morals,
property values, etc.).
 guide new development to reflect the expectations of
minimum community standards.
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Zoning Codes also must be reasonable in order for the
community to attract and retain business and
residential investment the community values.
Current ordinance adopted in
1976 unchanged.
 Current focus is “nuisance”
related performance
standards:
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Landscaping no minimum but
requires a plan for screening
and must maintain.
 No open storage of materials in
front yard and screened from
residential in side or rear yards.
 Restricts noise, odors, glares,
lighting, vibration, smoke, dist,
fumes or gases, hazards, water
supplies and waste.
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Note: This commercial illustration
meets all current zoning performance
standards for new construction
anywhere in Marshall within nondowntown business district.
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Clarifies existing ordinance maintenance and
nuisance items.
Incorporates new minimum performance
standards related to landscaping, exterior
storage, and exterior building materials.
 Does not impact existing conditions.
 Includes residential and commercial areas.
 Excludes industrial and downtown district.
 Brick may be painted now
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The Zoning Ordinance specifically has a purpose and intent to “achieve the goals and policies of the city
comprehensive plan.”
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“The primary purpose of the Comprehensive Plan is to provide a consistent set of goals and policies that
will guide decisions regarding land use by both the private and public sector.” (page iv City
Comprehensive Plan)
“broad participation in its development of this Comprehensive plan” and “the goals and policies that
follow are a result of a great deal of citizen involvement.” (page iii and iv City Comprehensive Plan)
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Economic Development Policy “Promote and encourage environmentally sensitive commercial and
industrial development through design standards and good site planning.”
Land Use Goal “Enhance the community’s character and identity.”
Land Use Policy “Maintain and upgrade the City’s zoning ordinance, subdivision regulations and
performance standards to promote the efficient use of land and the creation of a strong tax base.”
Transportation Policy “Endorses strict enforcement of quality building materials, signage, site lighting
and landscaping in order to enhance the aesthetic character of the area.”
Downtown Policy – several examples but does not relate to this proposed ordinance.
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Currently no restrictions.
Proposed Ordinance:
 Not allowed in front yard.
 Not more than 25% of rear
yard. Larger than 25%
requires a Conditional Use
Permit approved by
Council.
 Community gardens
require CUP.
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Proposed Ordinance:
 Minimum 30% of the exposed
ground area of lot (nonbuilding). Of this area, 50% live
material minimum and rest may
include mulch, rock, etc.
 Minimum 1 tree per 4000 s.f. or 1
tree per 50’ lot street frontage,
whichever is greater. No
requirements for location.
 Minimum tree size 2” caliper
(residential can have 1” caliper).
Currently no minimum standards.
Conceptual proposed standards.
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Required for new construction, expansions
over 50% of building, change in use resulting
in adding 10+parking.
No formal landscaping plan required.
No permanent Certificate of Occupancy until
completed (temporary will be allowed).
Meets current
ordinance standard.
 Does not meet
proposed ordinance
standard.
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 Horizontal plane must
offset = ok if under 30’
high.
 Vertical plane must
offset (if longer than
50’).
Note: We are assuming the material is architectural steel with
no exposed fasteners for the “meet standards.” This would
fall into a Class II Category.
CURRENT ORDINANCE
Meets Standards
Meets Standards
PROPOSED ORDINANCE
Meets Standards
Does Not Meet Standards (all Class
III must have at least 40% Class I/II)
COMMERCIAL
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Storage in required rear
yard was not allowed; now
it is
Outdoor storage shall be
screened from residential
and other commercial
Outdoor display for sale
shall be paved
Garbage collection areas
shall be screened
RESIDENTIAL
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Storage containers like
cargo and shipping
containers cannot be used
as permanent storages
Trash cans shall not be
stored in front yard
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Garage Sales – no minimum now.
Proposing:
 No more than 4 per year.
 No more than 2 per month.
 Not more than 4 consecutive days in length.
 7 a.m. to 8 p.m. evening hours.
 In response to complaint in residential area.
 Complaint based enforcement only.
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Standards related to new construction
(landscaping, building materials, storage
screening) enforced with building permit
review.
Maintenance items continue to enforce on a
complaint basis.
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Leave as-is.
Amend various minimum standards:
 Landscaping (percent material coverage, # treets,
are of green space, vegetable garden regs., etc.)
 Building Materials (type of Class IV materials,
vertical or horizontal break requirements, etc.).
 Exterior Storage (garage sale regs., commercial
garbage container screening, etc.)
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Receive Public Input on Ordinance.
Lay ordinance on table.
Council worksession to come to consensus on
revisions. Will publish intent to act prior to
removing from table.
Offer public input on final version night of
intended action.

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