STAFF REPORT UNIFIED DEVELOPMENT CODE (UDC) AMENDMENTS

Transcription

1 STAFF REPORT UNIFIED DEVELOPMENT CODE (UDC) AMENDMENTS Planning and Zoning Commission Meeting: JULY 20, 2015 Board of Supervisors First Consideration: AUGUST 3, 2015 CASE: A PETITIONER: Planning and Development REQUEST: Unified Development Code Text STAFF CONTACT: Dan Swartzendruber Amendments Overview: Staff is proposing several text amendments to the UDC. Some of these amendments are to improve clarity and consistency to some of the existing language within the Code. Two of the proposed amendments are particularly significant: the process for modification to existing cell towers have been changed as a result of the passage of the Spectrum Act; and a new section has been added that would allow for and describe the permitting process for a private burial site. The staff report is divided into two parts; Part I is a listing by Article and a brief explanation of the proposed amendments; Part II of the report gives the proposed changes to the amendment in full detail. In some instances, not all of the section or paragraph is included, just those parts that have some changes being made; in these instances, there should be enough detail to understand the context of the proposed amendment. Text that is being deleted is shown as strikethrough; newly proposed language will be displayed as underlined text. Part I List of Proposed UDC Amendments: 1. Article 2 Administration and Fees, Section 1 Zoning Staff; and Section 6 fees. This proposed amendment includes reference to a Special Exception with regards to how they are processed. 2. Article 2 Administration and Fees, Section 6 fees. This proposed amendment provides the framework to set fees for a Special Exception case and addresses how payment of these fees may be made. 3. Article 3 Nonconformities and Lots of Record, Section 1 Nonconforming Uses and Structures. This amendment makes the distinction that if a nonconforming building is damaged to an extent 50% or more, it cannot be restored; previously, this threshold had been 65%. The time allowed to perform the restoration work has been increased from 9 months to 1 year. 4. Article 3 Nonconformities and Lots of Record, Section 1 Nonconforming Uses and Structures. This amendment is associated with proposed modifications to communications towers as a result of the recent passage of the Spectrum Act/ Middle Class Tax Relief and Job Creation Act. 5. Article 4 Development Review Processes and Requirements, Section 1 Introductory Provisions, paragraph 3 Notification Requirements, (d)(iii) This amendment changes the time to post development

2 Case # A , Page 2 of 11 notification signs on a parcel that is being considered for development action from nineteen (19) to fifteen (15) days prior to being heard at the Planning and Zoning Commission. 6. Article 4 Development Review Processes and Requirements, Section 1 Introductory Provisions, paragraph 4 No new petition filed. This proposed amendment lists a special exception case in addition to a variance that once either type of case is denied by the Board of Adjustment, these applications cannot be considered again by the Board of Adjustment until 1 year from the date of denial. 7. Article 4 Development Review Processes and Requirements, Section 6 Land Evaluation and Site Assessment, paragraph 1. This amendment excepts a bisected lot subdivision from the LESA analysis requirement. 8. Article 5 General Regulations, Section 3 General Regulations for Uses, paragraph 3 Temporary Uses. This proposed amendment clarifies that the Technical Review Committee is responsible for setting the conditions for a Temporary Use permit that is then forwarded to the Board of Supervisors for consideration. 9. Article 5 General Regulations, Section 3 General Regulations for Uses, paragraph 5 Off-street parking and loading, (d) Staff is proposing that the required off-street parking area can be reduced through an administrative exception granted by the Zoning Administrator. Previously, a 10% reduction in the required number of spaces could be granted by the Zoning Administrator; this proposed amendment allows for more flexibility and allows the parking to be designed based on actual use. 10. Article 5 General Regulations, Section 4 General Regulations for Structures, paragraph 10 Sign regulations (e) Temporary signs (iii) The amendment is to provide the proper reference in this section. 11. Article 5 General Regulations, Section 5 General Environmental Regulations. Staff proposes a minor wording change to refer generally to the UDC concerning preferred County BMP s related to stormwater management. 12. Article 6, Section 4 Standards for institutional and Civic Uses, Section 4 Standards for Institutional and Civic Uses, paragraph 15 Private Burial Site. Staff proposes an amendment to the UDC to allow for private burial sites. 13. Article7 Zoning Classifications, Section 8 Highway Commercial District, paragraph 2 Geographic location. This proposed amendment is a grammatical change for clarification purposes. 14. Article 7 Zoning Classifications, Section 9 General Commercial District, paragraph 2 Geographic location. This proposed amendment is a grammatical change for clarification purposes. 15. Article 7 Zoning Classifications, Section 10 Industrial District, paragraph 2 Geographic location. This proposed amendment is a grammatical change for clarification purposes. 16. Article 7, Table 7-2 Use Table. Staff proposes to add the Private burial site category in the use table under the community services subcategory. 17. Article 7 Zoning Classifications, 7-3 Summary Table of Zoning District Dimensional Standard. The proposed change adds a footnote reference for principal structures in the USR-MF zoning district, the maximum height is 45 feet. 18. Article 9 Definitions. A definition for a private burial site; a revision to the cemetery definition; defining multiple family and two family dwelling units. Part II Proposed Quarterly UDC Amendments: This part of the report details the actual text amendment language; language that is added to the section will be displayed as underlined text and deleted language will be represented as strikethrough text.

3 Case # A , Page 3 of Article 2 Administration and fees, Section 1 Zoning Staff. 1. Zoning Administrator. The Zoning Administrator shall have the principal responsibility of administering this Ordinance. The Zoning Administrator may delegate such administrative duties to Planning and Development Department staff. The Zoning Administrator shall do, or cause to be done, the following: (a) Inspections. Conduct inspections of use of land to determine compliance with the terms of this Ordinance. (b) Record-keeping. Maintain permanent and current records of this Ordinance, including but not limited to all conditional uses, special exceptions, variances, appeals, and applications therefore. (c) Public information. Provide and maintain a public information service relative to all matters arising under this Ordinance. (d) Applications. Accept and review applications for development required under this Ordinance. (e) MLS and LESA. Conduct analysis to determine if applications for development meet minimum levels of service requirements and land evaluation and site assessment requirements. (f) Recommendations. Make reports and recommendations to the Planning and Zoning Commission, the Board of Adjustment, and the Board of Supervisors on applications and actions reviewed by each body. (g) Planning and Zoning Commission. Forward to the Planning and Zoning Commission copies of all applications for conditional uses, plats, amendments to this Ordinance, and other matters on which the Planning and Zoning Commission is required to review; and keep all records of the Planning and Zoning Commission. (h) Board of Adjustment. Forward to the Board of Adjustment applications for appeals, special exceptions, variances, conditional uses, and other matters on which the Board of Adjustment is required to pass under this Ordinance; and keep all records of the Board of Adjustment. (i) Board of Supervisors. Forward recommendations from the Planning and Zoning Commission and the Board of Adjustment to the Board of Supervisors on matters on which the Board of Supervisors is required to pass under this Ordinance; and keep all records of such actions. (j) Other actions. Such other reasonable and appropriate actions necessary to effectively administer and enforce this Ordinance when not prohibited nor assigned to other agents by the terms of this Ordinance. (k) Fees. Charge and receive such reasonable fees, as set by the Board of Supervisors from time to time, to help defray administrative costs related to reviewing applications, rezoning, conditional uses, appeals, special exceptions, variances, and other staff functions required under this Ordinance. 2. Article 2 Administration and fees, Section 6 Fees. 1. Fees established. The Board of Supervisors shall, from time to time, establish by resolution fees for the review of plats, plans, or studies; applications for rezoning, special exceptions, variances, or conditional use permits; registration or permitting of certain land uses or activities including communication towers; or applications for other permits as may be required by this ordinance. Said fees shall include publication costs.

4 Case # A , Page 4 of Fees are part of filing requirement. No application shall be considered filed with the County, or no review shall be conducted, unless and until the applicant has first or contemporaneously paid the applicable processing fee. All processing fees paid shall be non-refundable. Applications shall be accompanied by a check payable to the Linn County Department of Planning and Development or a cash payment for the amount due, as set by the Board of Supervisors. 3. Article 3 Nonconformities and Lots of Record, Section 1 Nonconforming Uses and Structures, paragraphs 4 and Alteration of a nonconforming structure. A nonconforming structure may be structurally altered or enlarged, provided it is structurally altered or enlarged in a way that will not increase or extend its nonconformity, and provided either of the (a) or (b) below applies, and any related special exception is approved by the Board of Adjustment: following: (a) Permitted use. The use of the structure shall be a use permitted in the zoning district in which the structure is located. Explanatory notes: Def. Permitted use: Any use which complies with the applicable regulations of this Ordinance governing permitted uses in the zoning district in which such use is located. Def. Zoning district: A part, zone, or geographic area within the County within which certain zoning or development regulations apply. (b) Legal requirement. The structural change is required by law or court order. 5. Restoring damaged buildings. Any nonconforming structure damaged by fire, flood, explosion, war, riot, or Act of God to an extent equal to or greater than fifty percent (50%) more than sixty-five percent (65%) of its fair market value, exclusive of the foundation, shall not be restored or reconstructed and used as before such occurrence; but if damaged less than fifty percent (50%) sixtyfive percent (65%) above the foundation, it may be restored, reconstructed or used as before provided that restoration or reconstruction shall be completed within one (1) year nine (9) months of such damage. 4. Article 3 Nonconformities and Lots of Record, Section 1 Nonconforming Uses and Structures, Communication towers. 7. Communication towers. Nonconforming communication towers and other wireless communication facilities shall comply with the following requirements: (a) Structural alteration. Any nonconforming communication tower may be structurally altered in order to meet the most current Linn County Building Code, or electronic industry association structural standards for steel structures, or other state or federal agency regulation, requirement, or guideline. Explanatory note: Structural alteration of communication towers is allowed when required to conform to new safety standards.

5 Case # A , Page 5 of 11 (b) Substitution or reconstruction. The supporting structure of Aany nonconforming tower or wireless facility constructed in accordance with the provisions of Article 5, Section 4, subsection 10 11, of this Ordinance, may be substituted or reconstructed, provided all of the following criteria are met: (i) (ii) (iii) (iv) Notice. Written notice is provided by the tower or facility owner to the Linn County Planning and Development Department. Such notice shall outline the basis for the reconstruction or substitution; and Time frame. Such reconstruction or substitution shall be substantially completed within twelve (12) months of the date of the written notice set forth in subsection 7(b) (i), immediately above; and Height. The reconstruction or substitution shall not exceed the height of the original tower; and Use. The use of the reconstructed or substituted nonconforming communication tower shall be for the same general technological use as before the reconstruction or substitution occurred. (c) Special Exception or vvariance required. Proposed substitution, and reconstruction, or enlargement of all the supporting structure of any nonconforming towers or wireless communication facility that does not meet the criteria in subsection 7(b), immediately above, shall obtain requires a special exception or variance, as provided in Article 4, Section 10., prior to any action. Proposed enlargement of a nonconforming communication tower requires a variance, as provided in Article 4, Section 10, prior to any action. The application for a special exception or variance must be approved prior to any action being taken by the applicant. (d) Modification or replacement of transmission equipment. Antennas or other transmission equipment associated with the supporting structure of a legal nonconforming tower or wireless facility, including equipment installed for collocation, may be removed, modified, or replaced provided all of the following criteria are met: (i) (ii) (iii) Application. An application is provided by the tower or facility owner to the Linn County Planning and Development Department. Such application shall outline the basis for the modification or replacement; and Height and width. The modification or replacement of equipment will not substantially change the physical dimensions of the tower or base station. Substantial change shall be as described in Report and Order FCC pertaining to the Spectrum Act/Middle Class Tax Relief and Job Creation Act. Conditional Use Permit for a Minor or Insignificant Modification required. Proposed modification or replacement of transmission equipment associated with the supporting structure of a legal nonconforming tower or wireless facility requires a Conditional Use Permit for a Minor or Insignificant Modification, as provided in Article 4, Section 9. The application for a Conditional Use Permit must be approved prior to any action being taken by the applicant.

6 Case # A , Page 6 of Article 4 Development Review Processes and Requirements, Section 1 Introductory Provisions, paragraph 3 Notification Requirements, (d)(iii). (iii) When a property is in the interior of a block or tract of land an additional sign or signs may be required to be posted adjacent to and facing the surrounding properties. The notification sign or signs shall be posted at least fifteen (15) nineteen (19) calendar days prior to the date of the Planning and Zoning Commission meeting. The sign will provide a telephone number to the Linn County Planning and Development Department and/or a website address to allow contact by members of the public to obtain additional information about the proposed case. (1) The notification sign or signs related to Variance requests shall be posted at least fifteen (15) nineteen (19) calendar days prior to the date of the Board of Adjustment meeting. 6. Article 4 Development Review Processes and Requirements, Section 1 Introductory Provisions, paragraph 4 No new petition filed. 4. No new petition filed. Whenever any application for a rezoning/map amendment, conditional use permit, special exception, or variance shall have been denied, then no new respective application for a rezoning/map amendment, conditional use permit or variance covering the same property and/or additional property shall be filed with or considered by the county until one (1) year shall have elapsed from the date of the denial. 7. Article 4 Development Review Processes and Requirements, Section 6 Land Evaluation and Site Assessment, paragraph A LESA ANALYSIS shall be required for all development proposals where a rezoning or subdivision of land is proposed. Exceptions to this shall include: (a) (b) (c) (d) (e) (f) Residential parcel spilt; Minor boundary change; Rezoning of land to correct a situation that would otherwise result in a parcel with more than one zoning district classification; Rezoning to a zoning district of equal or lesser intensity. The pyramid diagram (see figures below) illustrates the hierarchy of districts; Land Preservation Parcel Split; A minor subdivision which is proposed for the benefit of locating a public utility installation including, but not limited to the following uses found in Table 7-2 of this ordinance; which, at the location selected, shall meet all applicable site and use standards: Public Safety Facility, Sewage Treatment Plant, Utility Substation, Utility Scale Solar or Wind Installations (or similar alternative and renewable energy technologies), Communications Tower, and Water Distribution Facility (water tower).; (g) Bisected lots as described in Article 3, Section 2, subsecton 2 (f).

7 Case # A , Page 7 of Article 5 General Regulations, Section 3 General Regulations for Uses, paragraph 3 Temporary Uses. 3. Temporary uses. The Linn County Board of Supervisors may, by resolution, permit the temporary establishment in any zoning district such uses as specified in the list below. Such permission shall be in accordance to an approved minor site plan and shall contain a commencement and a termination date and any other conditions deemed necessary and proper by the Technical Review Committee to protect the surrounding properties. The uses subject to such temporary use provisions include: (a) (b) Portland cement or asphaltic concrete mixing plant in conjunction with the construction of a highway or other large-scale project. Carnival; circus; farm show; haunted house; haunted trail; crop maze; live nativity or other performance, concert or temporary assembly; farm winery or winery event at which alcohol will be sold for consumption on-site; or other similar temporary or transient attraction, activity or use. 9. Article 5 General Regulations, Section 3 General Regulations for Uses, paragraph 5 Off-street parking and loading, (d). (d) Administrative exception for off-street parking area. The required off-street parking area may be reduced up to ten percent (10%) through an administrative exception approved by the Zoning Administrator. An administrative exception reducing the number of required off-street parking spaces may be granted if the applicant submits a parking needs analysis which demonstrates that a sufficient level of off-street parking for the proposed use will be provided. 10. Article 5 General Regulations, Section 4 General Regulations for Structures, paragraph 10 Sign regulations (e) Temporary signs (iii) (iii) Portable signs. Portable signs are allowed as temporary signs for up to thirty (30) days within any calendar year. Portable signs shall not be illuminated and shall meet the size requirements in subsection (f)(e)(i), above. 11. Article 5 General Regulations, Section 5 General Environmental Regulations, paragraph 2 Stormwater. 2. Stormwater. To limit the impact of stormwater runoff, and accompanying sediment, heat, pollutants, and energy, certain development or clearing activities will be required to complete and implement a Stormwater Pollution Prevention Plan (SWPPP). (a) Activities requiring a SWPPP. All applicants for major subdivisions, and applicants for all other Linn County permits or approvals that will result in land disturbance activity that meets NPDES Phase II or later requirements shall submit to the County a SWPPP and shall implement the plan. (b) Reviewing agency. No building permit, subdivision approval, or any permit allowing land disturbing activities shall be issued until the Linn County Soil and Water Conservation District (SWCD) reviews the SWPPP, when required. The SWCD shall review the SWPPP and shall

8 Case # A , Page 8 of 11 submit comments to the County Planning and Development Department within thirty (30) days of a SWPPP submittal that meets the requirements in subsection 2 (e) (c) below. (c) Standards of review. All plans shall be consistent with National Pollutant Discharge Elimination System (NPDES) Phase II requirements or latest requirements, and mitigation and management techniques, facilities, and practices shall be consistent with stormwater management recommendations of the SWCD and preferred County design and management practices as identified in the UDC. described in subsection (g)below. 12. Article 6, Section 4 Standards for institutional and Civic Uses, Section 4 Standards for Institutional and Civic Uses, paragraph 15 Private Burial Site. 15. Community Services Private Burial Site (a) Maintenance agreement required. A private burial site maintenance agreement between the property owner and Linn County shall be executed and recorded that delegates the preservation and protection of the burial site to the property owner. The recorded private burial site maintenance agreement shall serve as notice that the designated area of the property shall hereafter be designated as a private burial site. As part of the agreement, reasonable access shall be provided for visitors to the site and to allow continued maintenance. The agreement shall be approved by resolution of the Board of Supervisors. (b) Minor site plan required. A minor site plan shall be prepared and incorporated into the private burial site maintenance agreement describing the location and extent of the burial site on the property. (c) Setback from boundaries. Burial plots, headstones or other grave markers shall be located a minimum of fifteen feet (15 ) from all lot boundaries. 13. Article 7 Zoning Classifications, Section 8 Highway Commercial District, paragraph 2 Geographic location. 2. Geographic location. Rezoning under Article 4, Section 4 to Highway Commercial District shall be available for parcels that meet all of the following criteria (exceptions may be considered to allow for the reuse or redevelopment of existing highway commercial uses): (a) The parcel is located in an AA, RRD2, RRD3, or USA areas as denoted on the Rural Land Use Map: (b) At least 50% of the site proposed to be developed is within one quarter (1/4) mile of an intersection and/or interchange of a hard surface road and a state or federal highway. (c) Exceptions to these criteria may be considered to allow for the reuse or redevelopment of existing highway commercial sites. 14. Article 7 Zoning Classifications, Section 9 General Commercial District, paragraph 2 Geographic location. 2. Geographic location. Rezoning under Article 4, Section 4, to General Commercial District shall be available for parcels located that meet the following criterion (exceptions may be considered to allow for the reuse or redevelopment of existing general commercial uses):

9 Case # A , Page 9 of 11 (a) Require Ggeneral commercial development to must be contiguous with the boundaries of a city or unincorporated rural village area. (b) Exceptions to these criteria may be considered to allow for the reuse or redevelopment of existing general commercial sites. 15. Article 7 Zoning Classifications, Section 10 Industrial District, paragraph 2 Geographic location. 2. Geographic location. Rezoning under Article 4, Section 4, to Industrial District shall be available for parcels located that meet the following criterion (exceptions may be considered to allow for the reuse or redevelopment of existing commercial or industrial uses): (a) Require Iindustrial development to must be contiguous with the boundaries of a city or unincorporated rural village area. (b) Exceptions to these criteria may be considered to allow for the reuse or redevelopment of existing commercial or industrial sites. 16. Article 7, Table 7-2 Use Table Institutional and Civic Uses STD AG RR 1/2/3 VR VM USR USR- MF HC GC I CNR MH Community Services Community center or senior center P P P P P P Library or museum Religious assembly not including residential or educational uses, except for one single-family accessory use P C C C C P P P P P P C Cemetery P P P C Private burial site P P Public safety facility P P P P P P P P P C

10 Case # A , Page 10 of Article 7 Zoning Classifications, 7-3 Summary Table of Zoning District Dimensional Standard. Minimum lot area Zoning District AG RR1 RR2 RR3 VR VM USR HC GC I CNR Single family dwelling 35 ac. LLOR 35 ac. 35 ac. See Art. 7, Sec. 6 See Art. 7, Sec ac. n/a n/a n/a 35 ac. Single family dwelling meeting MLS & LESA 2 ac. n/a 2 ac. 3 ac. n/a n/a 1 ac. n/a n/a n/a 2 ac. 1 Single family dwelling meeting MLS & LESA in cluster subdivision 1 ac. n/a 1 ac. 2 ac. n/a n/a n/a n/a n/a n/a 1 ac. 1 Residential parcel split 1 ac. n/a 1 ac. 1 ac. 1 ac. 1 ac. 1 ac. n/a n/a n/a 1 ac. Seasonal dwelling or cabins Towers less than or equal to 80 Towers greater than 80 and less than or equal to 200 (other than noncommercial) Towers greater than 80 and less than or equal to 200 (noncommercial) Towers greater than 200 Other permitted and conditional uses n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 7,500 sq. ft. None n/a None None None None None None None None None None n/a None None None None None None None None None None n/a 5 ac. 5 ac. None None None None None None None 1 ac. or as n/a 2 ac. or as 3 ac. or as Minimum lot width 150 ft. n/a 150 ft. 150 ft. Minimum setbacks for principal structures 10,000 sf or as See Art. 7, Sec. 6 See Article 7, Sec. 6, ss 6 (b) Per 1 ac. or as 1 ac. or as 1 ac. or as None or as 50 ft. 80 ft. 150 ft. 150 ft 150 ft 150 ft Front yard 50 ft. 50 ft. 50 ft. 50 ft. 25 ft. 2 None 25 ft. 25 ft. 25 ft. 25 ft. Side yard 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft ft. 4 None 4 10 ft. 50 ft. 25 ft. 3 Corner side yard 50 ft. 50 ft. 50 ft. 50 ft. 15 ft. 15 ft. 15 ft. 25 ft. 25 ft. 25 ft. Rear yard 50 ft. 50 ft. 50 ft. 50 ft. 35 ft. 20 ft. 35 ft. 25 ft ft. 4 None 4 Maximum height for principal structures except ag buildings, utilities & towers 45ft. 35ft. 35ft. 35ft. 35 ft. 35 ft. or as 35ft. 5 35ft. 35ft. 45ft. 50 ft. 25 ft ft. 25 ft ft. 1 For areas within the subwatershed of the Cedar or Wapsipinicon rivers, the minimum lot size shall be ten acres. 2 Front yard setbacks are measured from the road right-of-way line. On blocks where at least fifty percent (50%) of the existing buildings have a shorter setback, the front yard setback shall fall within the range established by those buildings. 3 Single family dwelling meeting MLS & LESA as part of a development application 4 Increased setback may be required to meet buffer requirements 5 Maximum height for principal structure 45 ft. in USR-MF zoning district.

11 Case # A , Page 11 of Article 9 Definitions Cemetery. Any Lland, excluding private burial sites used or intended to be used for the burial of human remains and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries if operated in connection with, and within the boundaries of such cemetery. Multiple-family dwelling: A building consisting of three (3) or more dwelling units. Private burial site: Any area, except a cemetery that is used to inter or scatter remains. A private burial site is either restricted to members of a family, or to a narrow segment of the public, and only if the interment rights are conveyed without monetary payment, fee, charge, or other valuable forms of compensation or consideration. Two-family dwelling: A building containing two (2) dwelling units. Also a duplex.