Planning and Zoning Adam Lovelady Clerks Institute February 2017 - PDF document

2/8/2017 Planning and Zoning Adam Lovelady Clerks Institute February 2017 Other SOG Courses Standard Planning and Development Regulation Courses – Foundations – Zoning Practice – Subdivision Practice – Zoning Officer Certification Additional Planning and Development Training Options – Regional Board Training – Online Modules 1

2/8/2017 • Planning • Subdivision • Zoning 2

2/8/2017 What changes do you see in your environment, your economy, and your community? Brandon Martin-Anderson, Census Dotmap Growth Jobs Infrastructure Environment 3

2/8/2017 Why Plan? • Guide development decisions • Engage the public in policy-making • Guide efficient public investment • Establish technical analysis of conditions • Identify needs and prioritize actions • Qualify for funding and meet legal mandates 4

2/8/2017 Implementing a Plan Development Decisions City Manager ACM ACM Housing & Planning & Development Economic Government Actions Neighborhoo Development Services Development ds Community Long Range Inspections Development Planning and Organization Community Urban Design Development Services Center Plan Review Public Infrastructure and Investment YOUR ORDINANCE IS UNIQUE 5

2/8/2017 Extraterritorial Jurisdiction Population Potential ETJ Distance <10,000 1 mile 10,000-25,000 2 miles (w/ county approval) 25,000 3 miles (w/ county approval) 6

2/8/2017 • Planning • Subdivision • Zoning 7

2/8/2017 REUTERS, Chris Keane 8

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2/8/2017 Environmental Aspects • Critical environmental areas • Stormwater management – Curbs v. swales Utilities • Water and Sewer • Well and Septic 10

2/8/2017 Lot Design • Lot size and dimensions • Frontage requirements • Flag lot limitations Street Design • Street Dimensions • Construction Standards 11

2/8/2017 Sketch Plan Steps Preliminary Plat Preliminary Plat Final Plat Final Plat • Planning • Subdivision • Zoning 12

2/8/2017 Basics ZONING ZONE THE ROOM 13

2/8/2017 Zoning Ordinance = Map + Text Zoning…Use • YES ‐ Permitted Uses • NO ‐ Prohibited Uses • MAYBE ‐ Conditional Use, Special Use, Special Exception 14

2/8/2017 Typical Zoning Requirements Raleigh Unified Dev. Ordinance, Adopted Feb. 18, 2013 Green Acres Double Al Trey, III 15

2/8/2017 Question The property is zoned R2. Al proposes the Double Day Care, a dog kennel and child day care facility. Based on Chapter 6, “Use Regulations” – Are those uses permitted under R2 current zoning? – For the dog kennel, Al plans to allow at least 10 dogs in the exterior exercise areas at a time. Does that matter for the land use? 16

2/8/2017 Types of Zoning Decisions Type Typical Decision-Maker Example Legislative Governing Body Adopting or amending zoning ordinance Quasi-Judicial Board of Adjustment Variances, special use (sometimes planning board permits, historic or governing board) preservation certificates Administrative Staff Routine decision on individual permits and ordinance enforcement 17

2/8/2017 Process ZONING Amendments (Rezonings) • Planning Board Review • Public Notice and Hearing • Consistency Statement 18

2/8/2017 Amendments: Planning Board Review • Actions referred to planning board • 30 days for review • Written recommendation to advise and comment on consistency with applicable plans • Recommendation is not binding on governing board Amendments: Public Notice and Hearing • Standard – Newspaper, two weeks, 10-25 days prior • Map Amend (Rezoning) – Mailed to affected and abutting owners – Posted on the site 19

2/8/2017 Amendments: Consistency Statement • describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan • and briefly explaining why the board considers the action taken to be reasonable and in the public interest. • That statement is not subject to judicial review. Limits ZONING 20

2/8/2017 Regulating Design • May not regulate certain design aspects • May regulate height, mass, building location, etc. • Scope of Limitation – Applies to buildings subject to One- and Two-Family Res. Bldg Code – Does not apply to commercial or multi-family – Exceptions for historic districts and conditional zoning Cell Towers • Cannot totally exclude • Cannot regulate on health basis • Decisions must be in reasonable time and in writing • Can impose limits on siting • Can impose standards: height, fencing, co- location, stealth technology etc 21

2/8/2017 Manufactured Housing • Cannot totally exclude from entire jurisdiction • Cannot regulate value, age • Can regulate location, dimension, and appearance Adult Businesses • May not totally prohibit • May regulate secondary impacts – Separation requirements, – Limits on advertising, noise, operations – Licensing requirements 22

2/8/2017 Regulating Signs • Need strong rationale for regulation • May regulate size, type, lighting, and other characteristics • May not regulate content of sign (very limited exceptions) Agricultural Uses • In counties, exemption for bona-fide farms and agricultural, horticultural, and silvicultural activities • But large-scale hog operations can be subject to land use regulation 23