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Amendments to Chapter 30 & 38 (Zoning Regulations) BCC ADOPTION PUBLIC HEARING May 13, 2008

Amendments to Chapter 30 & 38 (Zoning Regulations) BCC ADOPTION PUBLIC HEARING May 13, 2008. Zoning Code Amendment Schedule. Local Planning Agency (LPA) / Planning & Zoning Commission Worksession – February 21

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Amendments to Chapter 30 & 38 (Zoning Regulations) BCC ADOPTION PUBLIC HEARING May 13, 2008

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  1. Amendments to Chapter 30 & 38 (Zoning Regulations) BCC ADOPTION PUBLIC HEARING May 13, 2008

  2. Zoning Code Amendment Schedule • Local Planning Agency (LPA) / Planning & Zoning Commission Worksession – February 21 • Local Planning Agency (LPA) / Planning & Zoning Commission Public Hearing – March 20 • 1st Board of County Commission Public Hearing – April 22 • 2nd Board of County Commission Public Hearing (Adoption) – May 13

  3. Presentation Outline • BCC Recommended Changes • Staff Recommended Changes • Significant Changes • Minor Changes

  4. BCC 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

  5. Require Special Exception for Religious Institutions on Agricultural zoned property in Rural Settlements (Pg. 26, Line 1155) • Recommended by Commissioner Brummer • Procedural change • Requires a special exception to BZA if in the Rural Settlement Areas • Ensures public awareness and participation

  6. Residential Accessory Bldg. Standards on 2 acre + parcels (Pg. 27, Line 1203) • 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

  7. Portable Food Vendors in C-1 Zoning District (Pg. 33, Lines 1461) • Recommended by Commissioner Moore-Russell • Current Code: Only allowed under canopy of a building in C-1 district. (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

  8. Portable Food Vendors

  9. Staff Recommended Significant 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. • Modify administrative setback waivers

  10. Clarify BZA Quorum (Pg. 5, Line 181) • 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)

  11. Use Variance Definition (Pgs. 7, Line 287 & Pg. 9, Line 389) • A variance granted for a use not permitted in the zoning district • Use variances are not legally defensible • Rezoning is appropriate procedure

  12. Clarify definition of Religious Institution (Pg. 7, Line 271) • 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)

  13. Special Exception or Variance Review by Development Review Committee (DRC) (Pg. 12, Line 479) • Some Special Exception applications require a more comprehensive staff review: • Large Schools • Religious Institutions • DRC may review: • Traffic • Drainage • Environmental • Community-wide impacts

  14. Establish Standards for Permanent Electric Generators (Pg. 20, Line 851) • Typically larger than A/C units • Current code does not address them • Proposing clear standards • Must be screened and meet setbacks

  15. Establish Standards for Temporary Portable Storage Containers (Pg. 31, Line 1361) • “POD’s” • Current code does not address • They are temporary • Max. size = 160 sq. ft.

  16. Special Exception for Barbed Wire Fence on Residential Properties (Pg. 47, Line 2058) • 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

  17. Permit 6 ft. High Wall/Fence in Residential Front Yard if on Major Road (Pg. 48, Line 2080) • 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 as residential subdivisions

  18. Licensed Alcoholic Beverage Location that Predates School/Religious Use Not Made Non-Conforming and License Upgrade Permitted (Pg. 50, Line 2198) • Location continues as conforming (can rebuild if damaged and re-open if closed more than 180 days) • Allows an upgrade of license series (e.g., 2COP to 4COP) after a religious/school use locates within 1000 ft of business

  19. Upgrade of Alcohol Beverage 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

  20. Comparison – Alcoholic Beverage Options • Current Code: • On-site consumption 1,000 feet from religious/school use • Becomes non-conforming if religious/school locates within 1,000 feet of existing vendor • Cannot rebuild if >75% damaged • Cannot re-open if closed for >180 days • Upgrade to license series requires measurement

  21. Comparison – Alcoholic Beverage Options • As Proposed: • Pre-existing alcohol establishment not made nonconforming by introduction of religious/school within 1000 feet. • Can rebuild if damaged >75% • Can re-open if closed >180 days • Allowed to move within license series (1 COP, 2 COP, 4COP)

  22. Comparison – Alcoholic Beverage Options • Alternate 1: • Pre-existing alcohol establishment not made nonconforming by introduction of religious/school within 1000 feet. • Can rebuild if damaged >75% • Can re-open if closed >180 days • License change limited to (1 COP to 2 COP) • Draft Language (edit lines 2205 - 2207) • “Furthermore, in such a situation, an existing vendor licensed for on-site consumption may only increase a 1 COP license (on-site beer consumption) to a 2 COP (on-site Beer and Wine consumption).”

  23. Comparison – Alcoholic Beverage Options • Alternate 2: • Pre-existing alcohol establishment not made nonconforming by introduction of religious/school within 1000 feet. • Can rebuild if damaged >75% • Can re-open if closed >180 days • License change limited to multi-tenant, unified development (shopping centers)

  24. Comparison – Alcoholic Beverage Options • Multi-tenant restrictions: • Pre-existing alcohol vendor • Religious/school subsequently established within shopping center • Allow license upgrade (1 COP, 2 COP, 4 COP) only with written authorization of religious/school • Standard measure applies for off-site alcohol license and/or off-site religious institution • Does not permit alcohol without measurement when religious/school pre-dates alcohol request in shopping center

  25. Comparison – Alcoholic Beverage Options • Multi-tenant restrictions draft language: • “Where an existing vendor licensed for on-site consumption is located within a multi-tenant, unified development (shopping center), the license series may be increased (1 COP, 2 COP, 4 COP), notwithstanding the subsequent tenancy of a religious/school use located within the same multi-tenant, unified development, upon submission of documentation from the religious/school use stating “no objection” to the requested change in license series.”

  26. Modify Administrative Setback Waivers (Pg. 58, Line 2485) • 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

  27. Administrative Waiver for Front and Rear Setbacks • CURRENT • Req’d Setback3% Waiver • 30 ft. (front/rear) - 29.1 ft. • 25 ft. (front/rear) - 24.25 ft. • PROPOSED • Req’d Setback6% Waiver • 30 ft. (front/rear) - 28.2 ft • 25 ft. (front/rear) - 23.5 ft

  28. Edits per Board Comment • Short Term Rental Definition (Pg. 7, Line 279) – supplemented with additional like terminology. • Night watchman security quarters are permitted in Commercial districts (Pg. 18, Line 765) DELETED

  29. BCC Action Requested • Approve amendments to the Zoning Regulations

  30. Amendments to Chapter 30 & 38 (Zoning Regulations) BCC ADOPTION PUBLIC HEARING May 13, 2008

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