OCTOBER 22, 2013 Process of Updating Zoning Ordinances. Variances (prompted by State law changes). Downtown District update. Accessory Buildings. 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). Public Hearing This Evening. Council further review and revisions (pending). Section 86-3 of City Code “Purpose & Intent.” 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. 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: 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. Note: This commercial illustration meets all current zoning performance standards for new construction anywhere in Marshall within nondowntown business district. 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 The Zoning Ordinance specifically has a purpose and intent to “achieve the goals and policies of the city comprehensive plan.” “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) 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. 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. 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. 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. 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 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 Storage containers like cargo and shipping containers cannot be used as permanent storages Trash cans shall not be stored in front yard 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. Standards related to new construction (landscaping, building materials, storage screening) enforced with building permit review. Maintenance items continue to enforce on a complaint basis. 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.) 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.