SESSION #3 Zoning Code Definitions

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1 SESSION #3 Zoning Code Definitions Purpose The purpose of this review is to evaluate the various definitions of uses and related items addressed in the zoning code. While the zoning code does not define all terms and wording used in the code, it does define major terminology and relies on the dictionary definition for non defined items. Definitions should accurately and specifically define terms used in the code so as to avoid confusion on the part of those using and administering it. Overview The definition section of the zoning code is one of the most important chapters in the document but is often not appreciated for its significance. The definitions provided in a zoning code often define, in detail, the uses regulated in various zoning districts. As such, the rooming house defined in the definition chapter becomes the use regulated in other sections of the code. The sign, as defined in the definition chapter becomes the structure that is regulated in another chapter of the code. Thus, the definitions provided become the basis for the rest of the code. Zoning code definitions require periodic review for several reasons. For one, they may become outdated or not current with present lifestyles or trends within a community. Second, the definition may be found to be ambiguous or unclear from the experience of having enforced it over a period of time or the definition may be found to be problematic. Lastly, new uses and concepts evolve over time and need to be included or addressed in this and other sections of the zoning code since they may not have been addressed previously. Bicentennial Plan Discussion: In reviewing the Bicentennial Plan, it is obvious that those involved in that exercise did not intend to have that document, address in detail, how uses and other elements of the zoning code were defined. Thus, the document does not provide specific direction in this regard. As we deal with topics that will be part of the comprehensive zoning code review, there may be some need to revisit some of the definitions in later discussions. UDC Draft Discussion A great deal of time and effort was spent working on definitions during the initial development of the draft Unified Development Code. A copy of those definitions are attached to this report along with a copy of the current zoning code s chapter of definitions. For the most part staff believes that the definitions articulated in the UDC are good but we will note some comments and exceptions later in this report.

2 Pg. 2 Potential Changes / Commentary While we will not attempt to discuss every definition noted in the draft UDC (since we are using the draft UDC as the basis of the discussion), we will identify some changes that we feel are worth discussing and provide some commentary to that end. Please remember that when reviewing the UDC draft, the highlighted sections and phrases have been added to what is in the current zoning code. Alley The UDC puts the definition of alley as a sub-definition under thoroughfare, however, we will speak to it here. The current definition may need some clarification along with the definition of a front yard (and other yards) so that the code is clear on what types of setbacks are required from alleys. Staff is of the opinion that an alley is a dedicated public street, albeit a minor one, and that it currently qualifies as a front yard area. There is some dispute over this and it is likely that a court will render an opinion on this as a result of the Sheetz appeal. Boarding House The UDC took this definition and made it the universal term for what is currently referred to as Rooming / Boarding / Lodging house. The UDC took and made the definition based on units with five or more unrelated persons, whereas the current definition is based on three or more unrelated persons. Current staff believes that five is too high a number but perhaps four unrelated is more practical. This would still be a significant change and it may be most prudent to keep the number at three. We also believe that the maximum currently permitted (20) is too high and should probably be reduced to between 10 and 14. In any event, this definition cannot be finalized until we complete our review and discussion of rooming houses, which is slated for Session #4. Convenience Store This definition may be evolving somewhat given the recent trend of some of these stores serving food prepared on premises. The term primarily used toward the end of the definition in reference to the sale of pre-packaged goods is ambiguous and it would seem that these types of uses should allow the sale of food produced or prepared on the premises. We should also consider whether these types of establishments should be permitted by definition to have drive-through windows / order systems and staff would recommend that the reference to gasoline sales be eliminated to separate this use from a gas station. (Note: a gas station should be a separate use and may be permitted or not permitted in certain zoning districts. Gas stations would be permitted to have a convenience store element to them but would probably be a more restricted use than a convenience store). Driveway Staff has seen some occasions where there is confusion between what is a driveway, a private street and a public street, including an alley. These definitions should be clarified to eliminate confusion.

3 Pg. 3 A driveway is typically private property and reaches from a point of public access (street) into the private property and culminating at some point on that property unless it connects at both termini into a public street. On residential properties, driveways may be used for parking but are not necessarily counted as parking spaces for zoning code purposes. We recommend adding some of the above wording to the proposed definition of driveway. Dormitory We feel that the proposed definition is vague and could be used as a loophole around rooming house regulations. There should be some numeric minimum and maximum to this definition (perhaps more than whatever the high end of the definition for Boarding houses provides). There should also be some discussion as to whether these uses should by definition be limited to the public sector such as something developed or owned by the university. Dwelling, Single Family Attached There is little in the definition that distinguishes this use from a multifamily dwelling of three units. This definition should be supplemented with wording indicating that each of the three attached units is set-up for separate deeded ownership whether in total or through a condominium. Conversely, the definition of multifamily, where only three units are involved should be supplemented to indicate that all three units are held in the same ownership. Family & Functional Family - Two separate definitions of family were offered in the draft UDC however we believe that both could be combined under the definition of family. This definition and the definition of boarding house are somewhat tied together in that the intent in the past was to draw a line in the sand between what constitutes a family versus what constitutes a relationship that was only otherwise defined as a boarding house situation. The current definition of family has existed since about 1976 and prior to that, a family could have been constituted in almost any shape and form from what we understand. The definition of family should also be attentive to fair housing issues since familial status is a protected class under fair housing. Staff would like to hear some discussion of this issue in the session and also consult with our fair housing advisors before attempting to finalize this definition. Gasoline Service Station Oddly, the current definition of this use does not mandate that gasoline be sold. Staff believes that the sale of gasoline should be mandatory and in cases where gasoline for vehicles is sold, the use should be defined and regulated as such. The draft UDC definition moves in this direction. As gasoline stations have evolved, few continue to provide automobile repair. Staff is of the opinion that repairs should be omitted from the definition and that should someone want to conduct car repairs, such use would be treated as a separate and distinct use with its own appropriate regulations.

4 Pg. 4 Home Occupation & Limited Home Business The current code and proposed UDC separate out two different types of home business uses. The home occupation has been the long standing definition that basically allows a portion of the home to be utilized to conduct a business where people may come and go and not more than one person outside the home could be employed. In other words, this is the visible version. A Limited Home Business on the other hand is the more invisible of the two versions where outside clients do not come to the home nor does anyone outside the residence work there. Staff is comfortable with the delineation and regulation of the two, however, questions have been raised in recent years as to whether accessory structures, separate from the main structure should be available for use as a home occupation. Both the current regulation and the proposed UDC definition of a home occupation or limited home business do not allow for the use to be conducted in an accessory building. More recent times have seen more people moving from the traditional office environment into work at home. Some of this is a financial issue and some a logistical issue of attempting to provide a more flexible working environment. Many of these uses go unseen and unreported. Thus, the question before the City is whether it should expand its definition of these uses to be more flexible while at the same time maintaining some firm standards that keep the use from having a negative impact on the surrounding neighborhood. Integrated Planned Commercial Development This is essentially the City s definition of a shopping center be it large or small. It is a conditional use currently in certain commercial districts and the current regulations treat most of these as intensive uses with extra setback requirements. Staff believes there is some merit to redefining this use, not on the basis of the number of tenants or establishments, but on the basis of their size. Thus we would recommend that there be two versions of this use, one for smaller projects, including those downtown, and a second for larger projects outside of the downtown. We would recommend a size cutoff between the two types of uses at some point between 15,000 20,000 square feet. Lot Coverage The City may want to consider adding a statement to this definition that pervious surfaces are not counted toward the lot coverage calculation to serve as an incentive to developers using pervious pavement rather than impervious surfaces. Residential Parking Area Based on some recent discussions and issues regarding zoning enforcement, staff is of the opinion that there is a need to add a definition to the zoning code that defines the parameters for a residential parking area. We suggest that the following wording be considered:

5 Pg. 5 Residential Parking Area A parking area on a residential property which is separate from the driveway area and which is limited to the parking of the cars of the inhabitants of the structure and any guests who may be visiting the inhabitants of the structure on the same premises. The use of the residential parking area for other purposes shall be prohibited. Sign The current definition and proposed definition are the same and include almost anything used for advertising purposes including rocks and trees. This definition should be discussed to see if it should be reconstructed to include man-made objects only (prohibit advertising on natural objects) and whether it should allow some nondescript ornamentation which might otherwise meet the definition of a sign. Sign, Area of The draft UDC moved this definition into another section which gives a much more elaborate definition of the area of a sign, given the wider variety of signs being used. This issue will be discussed when we get into the discussion of signage in Session #6. Yard, Front Staff is of the opinion that this definition should be modified to clarify what constitutes a front yard. We would recommend adding wording to the proposed UDC definition that indicates that any yard adjacent to a public or private street, alley or right-of-way be considered a front yard and treated as such for setback purposes. Closing Remarks Certainly this section of the code deserves close review and there may be more items that need to be discussed than what we have touched on here. The above list should serve as a good starting point for the discussion and everyone should remember that we can go back and make adjustments to these definitions at any point in the process of this review.