Amendments to Chapter 30 & 38 (Zoning Regulations) 1 st BCC PUBLIC HEARING April 22, 2008

1. Amendments to Chapter 30 & 38 (Zoning Regulations) 1st BCC PUBLIC HEARING April 22, 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 (Current draft reflects changes) • 1st Board of County Commission Public Hearing – April 22 • 2nd Board of County Commission Public Hearing – May 13

3. Presentation Outline • BCC Recommended Changes • Staff Recommended Changes • Late Additions

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. 27, Line 1169) • 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. 28, Line 1217) • 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. 33-34, Lines 1476 - 1510) • Recommended by Commissioner Moore-Russell • Current Code: Only allowed under canopy of a bldg. (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 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 Clarify administrative setback waivers

10. Clarify BZA Quorum (Pg. 5, Line 178) • 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 299 & Pg. 10, Line 400) • 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 267) • 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 490) • 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 865 - 899) • Typically larger than A/C units • Current code does not address them • Proposing clear standards • Must be screened and meet setbacks

15. Standards for Temporary Portable Storage Containers (Pg. 31, Line 1376 - 1426) • “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 2067) • 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 2088) • 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 from noise pollution as residential subdivisions

18. Licensed alcoholic beverage location that predates school/religious use not made non-conforming and license upgrade permitted (Pg. 50, Line 2207) • Location continues as conforming (can rebuild if damaged) • Allows an upgrade of license series ( 2COP to 4COP) even after a school/church locates within 1000 ft of your 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. Modify administrative setback waivers (Pg. 57, Line 2457) • 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

21. 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

22. Minor Substantive Changes • • Minor Substantive Changes • - Variance approvals per site plan and conditions (Pg. 3, Line 130) • - Night watchman security quarters are permitted in Commercial districts (Pg. 18, Line 775) • - Stand alone carwash uses are permitted in C-1 subject to meeting new standards (Pg. 27, Line 1188) • - Breezeway attachments between house and accessory bldg. from 15 ft. to 20 ft. (Pg. 35, Line 1534) • - Unapproved lot splits are not grounds for granting variances for lot size and lot width (Pg. 46, Line 2030)

23. Late Additions • Clarify Shared Parking: • Sections 38-1477 and 38-1478 • unified development plan shares parking • 38-1477 – “the 300 foot distance is not applicable to a unified development plan (e.g. shopping center)” • 38- 1478 – “or where the uses are part of a unified development plan (e.g. shopping center)

24. BCC Action Requested • No formal action • 2nd Public Hearing May 13, 2008 • 2nd Hearing set for 5:01 P.M. • Board can authorize alternate time with super-majority vote (Majority +1)

25. Amendments to Chapter 30 & 38 (Zoning Regulations) BCC PUBLIC HEARING April 22, 2008