What is a Zoning Ordinance?

Transcription

1 What is a Zoning Ordinance? Legal document regulate the use of land and structures Composed of two parts Text Official zoning map Zoning is first and foremost a legal document designed to protect the health, safety and welfare of the residents, to regulate the use of land and structures, and to shape the growth of a community. A zoning ordinance allows a community s vision as identified in the Comprehensive Plan to become a reality. The Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968 as reenacted and amended, grants the power to zone to local governments. A zoning ordinance is composed of two parts, the text and the official zoning map. The text contains the community development objectives and the necessary technical provisions to regulate the use of land and structures to establish bulk, height, setback, area and other standards. The zoning map delineates the boundaries of the specific districts or zones created in the ordinance.

2 Zoning should accomplish the following: Address legal and technical issues Maintain the natural environment Define and reinforce the functions of a District Maintain a sense of scale Maintain and enhance pedestrian circulation Help to shape the public realm Coordinate building uses In addition to the legal and technical issues, zoning should accomplish the following: Maintain the natural environment to the most reasonable extent possible Define and reinforce the functions of a district Maintain a sense of scale Maintain and enhance pedestrian circulation Help to shape the public realm by considering the functional relationships of buildings, streets and open space Coordinate building uses, setbacks and height A zoning ordinance should also be based on a positive vision of what a district can become. You do not need to over-regulate or over-prescribe to achieve the desired results if a zoning ordinance is truly reflective of a community s vision.

3 HOW DOES ZONING AFFECT ME? Provides protection from the negative effects of development on an individual side. Protects the character of a community Preserves property values Building permit applications Traditionally zoning ordinances emphasize protecting neighbors from the negative effects of development on an individual side. Protects the character of a community Preserves property values A majority of the building permit applications that are filed are affected by the Zoning Ordinance shed, addition, driveway, fence, A.C., etc (required setback and height)

4 The Process Started in 2003 Commission approved a contract with Peter J. Smith Steering Committee Established Several Public Meetings STEERING COMMITTEE - 11 TOTAL 2 staff - Keith McGill, Municipal Planner/Joseph Berkley, Chief Inspector/Zoning Officer 2 comm. - Dale Colby, Commission/David Humphreys, Commission 2 P.B. members - Jeff Funovits, Planning Board/Thomas Dempsey, Planning Board 1 Historic Pres - John Conti, Historic Preservation Board 1 EDC - Jim DeGregory, Economic Development Council 2 ZHB - Doug Hottle, Zoning Hearing Board/ Raymond Perr, Zoning Hearing Board 1 PA - Rich Sahar, Parking Authority 65 People Attended Nov People completed & returned worksheets 98% believed height restrictions in their neighborhood are appropriate. 62% infill housing was generally in context 100% feel sexually oriented businesses should be regulated 89% feel that the residential character of Mt. Lebanon should be maintained 91% feel mixed-use development is appropriate in commercial districts 73% feel bed & breakfast establishments should be permitted. 76% support design guidelines (80% commercial 62% residential) 91% would like to see existing green space/open space protected 87% feel historic preservation is important

5 WHAT DO WE MEAN BY A COMPREHENSIVE UPDATE? The entire ordinance has been reviewed The changes and amendments that are proposed fall into four major categories: Frequently appealed Deficiencies Changes to the MPC More proactive related to possible future development ARE WE DISCARDING THE ORDINANCE THAT WE HAVE NOW? NO The update is comprehensive in the sense that the entire ordinance has been reviewed. We have retained a large portion of the current ordinance The changes and amendments that are proposed fall into four major categories: Sections of the current ordinance that are frequently appealed to the Zoning Hearing Board A.C Unit locations, fences Deficiencies that have been identified in the current ordinance by staff. Outdated Definitions, inconsistencies between Z.O. and SALDO requirements. Changes to reflect recent changes to the MPC NO impact on home based businesses To be more proactive related to possible future development in the Municipality in accordance with the adopted Comprehensive Plan

6 WHAT ARE THE GOALS THAT THE MUNICIPALITY SET OUT TO ACCOMPLISH WITH THIS UPDATE? To promote, protect and enhance the character of our residential neighborhoods, to strengthen our commercial districts by positioning them to allow for appropriate development that will play a vital role in meeting the needs of the community and to allow the for the implementation of the adopted Comprehensive Plan and the stated Community Development Objectives.

7 WHAT ARE THE GOALS THAT THE MUNICIPALITY SET OUT TO ACCOMPLISH WITH THIS UPDATE? Well organized and easy to use Clear language Tables Informative table of contents Use of graphics Organized to accommodate change Definitions Parking and loading A zoning ordinance that is extremely well organized and easy to use. The final product should incorporate the following: Clear language - Ambiguity and lengthy narrative should be avoided. Language should be clear and concise. Tables - Tables should be easy to understand and a matrix provided whenever possible. Informative table of contents - Chapter and section titles should be descriptive. i.e. Avoid General regulations Use of graphics - Graphics should be used to assist the applicability or effect of regulations to improve understanding. Consider locating these in the relevant section, not necessarily as an appendix. Organized to accommodate change - Ordinance chapters and sections should be organized and numbered to accommodate amendments without the need for extensive renumbering of existing sections. Definitions - Definitions should be updated to agree with the MPC and reflect current uses. Consideration should be given to placing definitions as a glossary. Parking and loading - Consolidating all parking and loading requirements into a separate chapter should be considered.

8 Comprehensive Plan/Zoning Ordinance Relationship 5-5 Objective: Evaluate current parking conditions within the Municipality Action: Review and adopt improvements to parking provisions within the Washington Road area. Zoning Ordinance: : , , , Would give private property owners in R-3 and R-4 Districts the ability for to construct private parking solutions on separate parcels. These would be Conditional Uses

9 Comprehensive Plan/Zoning Ordinance Relationship 6-6 Objective: Maintain the residential character of the Municipality. Action: Ensure that future residential development will be consistent with the character of the neighborhood (trees, sidewalks, landscaping, etc.) through the continued enforcement of the building codes and update of zoning ordinance requirements. Zoning Ordinance : 701 Purpose The following design guidelines and standards are established to, through the review and regulation of design characteristics, preserve and promote the unique urban character of Mt. Lebanon. The guidelines and standards are intended to encourage lively, pedestrian- friendly and attractive streetscapes and open spaces where Mt. Lebanon residents and visitors will enjoy walking, biking, driving and shopping.

10 Comprehensive Plan/Zoning Ordinance Relationship 6-6 Objective: Promote diversified housing opportunities to attract new residents to the community Action: Continue the process of utilizing the upper floors of commercial businesses for loft apartments through the amendment of zoning ordinances and compliance with building and fire codes. Zoning Ordinance : , , Proposed Zoning Ordinance would allow loft apartments in all Commercial districts, not just the C-1 as in our current ordinance.

11 Comprehensive Plan/Zoning Ordinance Relationship 8-11 Objective: Assist new development efforts that are consistent with current planning practices by providing initiatives. Action: Continue the process of amending the current land use ordinances to provide for controlled building on slopes, sign requirements, continuing care facilities etc. Zoning Ordinance Includes a Transit Credit, which allows for a reduction in parking for buildings within 1000 feet of a transit stop.

12 SO WHAT IS CHANGING AND WHY? Change in setback (Residential) Existing: recorded plan or 35 feet Proposed: recorded plan or average of Front Yards of abutting properties. A.C. units Change in setback (Residential) Existing = recorded plan or 35 feet (1)H.L. Proposed = recorded plan or average of Front Yards of abutting properties. A.C. units go from 15 feet to 5 feet in all residential districts except R-1 and R- 2 where the requirement will be 7 feet) (2)H.L.

13 SO WHAT IS CHANGING AND WHY? Governor s drives Conditional Uses shifted from R-2 to R-3 Zoning District R-4A Zoning District eliminated Front Entrance Driveway setback No-Impact Home Based Business Governor s drives Minimum 70 ft. lot width (3)H.L. Conditional Uses shifted from R-2 to R-3 Zoning District such as C.C. Mobile Home Parks, Hospital, Institutional Homes R-4A Zoning District eliminated all properties to be zoned R-4 (4)H.L. Front Entrance Driveway- Previously required to be five (5) feet from a property line current proposal is two (2) feet with screening. (5)H.L. No- Impact Home Based Business- Provision added as per the MPC (6)H.L.

14 SO WHAT IS CHANGING AND WHY? Lot Coverage versus Building Coverage Existing: Building Coverage Proposed: Distinction between Lot Coverage and Building Coverage for Commercial Uses R-2 minimum required lot size has decreased from 6,500 to 6,000. Change in Building Elevation Infill Development Cemeteries and associated facilities Transitional Overlay districts -MAP Lot Coverage versus Building Coverage R-2 minimum required lot size has decreased from 6,500 to 6,000. This will bring approx. 839 R-2 properties into conformance. (7)H.L. Infill Development: The Development of new housing or other Buildings on scattered vacant sites in a built-up area. A teardown or demolition of an existing building(s) and a new building(s) on the same site shall be considered infill development. Where Infill Single-family Development is proposed to occur on a Lot which is situated between two (2) lots having on each a Principal Use, the finished grade of the Singlefamily development shall be no greater than the average finished grade immediately adjacent to the front of the Principal Uses immediately adjacent to the Infill Development. (8)H.L. Cemeteries and associated facilities not provided for in our current ordinance have been addressed. Now provided for in the OS-P District (9)H.L. Transitional Overlay districts have been reduced from 25 different districts to 3. New Districts would be as follows: OB Office Boutique Overlay (new Transitional District) refer to highlights for uses MX Mixed Use (new Transitional District) CC Continuing Care (new Transitional District) (10)H.L.

15 SO WHAT IS CHANGING AND WHY? Adult Uses - MAP C-1 Bed and Breakfasts -MAP Transit Credit Adult Uses - Provision added as required under first amendment. Regulations in place to mitigate secondary effects sheet for locations A.U. Distance Requirements 500 feet of: Place of Worship Public or Private Educational Facility Public Park or Recreational Area Entertainment Business Oriented Primarily Toward Children or Family Entertainment Any Premise Licensed to Sell Alcohol 100 feet - R-1 or R-2 District (11)H.L. C-1- retail sales and service wishing to operate between the hours of 11:00 p.m. and 6:00 a.m. they must apply for conditional use approval. Bed and Breakfasts - The proposed ordinance would provide for Bed and Breakfasts in all Commercial Districts and in Residential Districts within 200 feet of the ex isting CBD. (12)H.L. Transit Credit- When proximate to a transit stop, credit towards the required parking may be granted. The transit stop shall be within 1,000 feet of the Principal Use. The credit shall be determined by the Commission and shall be no greater than fifteen (15) percent. (13)H.L.

16 SO WHAT IS CHANGING AND WHY? Lighting Regulations Design guidelines and standards Lighting Regulations: current regs are performance standards relating to commercial districts only (14)H.L. The following lighting requirements are provided to ensure coordinated, safe and functional lighting systems in each development and residential district. The site lighting requirements include: No Use shall produce a strong, light or reflection of a strong light or glare that is visible from any point along a Lot Line. When possible, overhead wiring should be avoided. Spotlights or other types of artificial lighting that provide a concentrated beam of light shall be directed so that the beam of light does not extend beyond any property lines. No artificial lighting shall shine directly upon any neighboring property or be so established that it shall shine directly upon any neighboring property or shall shine directly on or into any room or rooms, porches or patios of any neighboring property. Design guidelines and standards - expand (15)H.L. SEPARATE SHEET

17 SO WHAT IS CHANGING AND WHY? R.V. Issue Current regulations considers them as other vehicle: Fence Regulations A Shadowbox Fence R.V. ISSUE Several residents requested that we consider excluding them or as an alternative limiting the length of time that they can be kept on property, or requiring them to be kept in an enclosed structure. I provided our solicitor with examples of ordinances from other communities that place time limitations or enclosure restrictions on these vehicles. After review of case law on the issue the solicitor indicates that we can not exclude them but we are permitted to some extent to regulate them regarding their size etc which is what we currently do in our existing ordinance. A requirement to store them in a completely enclosed structure is problematic on two fronts: 1. Given the age and lot configuration of many of our existing homes, an enclosure requirement would have the same effect as excluding these vehicles 2. If a structure could be built within the zoning ordinance to meet these requirements, the impact may be greater than the R.V. itself. (16)H.L. Fence Regulations A Fence must be constructed so that the open space between each solid face panel is a minimum of fifty (50) percent of the width of the horizontal or vertical solid face panel measured perpendicular to the Fence face. A Shadowbox Fence up to 4 feet in height shall be permitted in all

18 Map Changes Possible Properties to be rezoned Base Zoning-MAP Cochran Road Allendale Place Washington Road Mt. Lebanon Boulevard McNeilly Road Washington Road and Scott Road Bower Hill Road Castle Shannon Boulevard Gilkeson Road McFarland Road 220 Mapleton Avenue 1 Altoona Place Base Zoning 1. Cochran Road Yac O Vac and Bank R-1 (Transitional Overlay Y) to C-1 Rezoning fits current and potential future use better 2. Cochran Road back half of Rite Aid parcel from R-2 to C-2 3. Cochran Road back half of Virginia Manor Shops from R-1 to C-2 4. Allendale Place back half of parcels backing up Iroquois Park R-2 to R-1/ cleanup 5. Washington Road R-4A properties to R-4 6. Mt. Lebanon Boulevard R-4A property to R-4 7. Mt. Lebanon Boulevard office property on to C-1 8.McNeilly Road Rezone Rooney property to OS Active/ new athletic fields 9. Washington Road and Scott Road Cemetery properties from R-2 to OS-P/ fits use as identified in new ordinance 10. Bower Hill Road St. Clair Hospital from R-2 to R-3/ fits use as identified in new ordinance 11. Bower Hill Road Ward Home from R-2 to R-3/ fits use as identified in new ordinance 12. Bower Hill Road Asbury Heights from R-2 to R-3/ fits use as identified in new ordinance 13. Castle Shannon Boulevard Baptist Home from R-2 to R-3/ fits use as identified in new ordinance 14 Gilkeson Road Properties from Timbercreek Condominiums to beginning of Cedar. Eliminates the need for a Transitional Overlay. 15. McFarland Road back half of prperties on the corner of McFarland and Helen Drive to C Mapleton Avenue R-2 to R-3 to fit existing multi-family structure Altoona Place R-3 to C-1 Neighborhood Commercial

19 Map Changes Transitional Overlay Vanderbilt Drive MAP Bower Hill Road/Jaycee Drive Painters Run Road James Place Mt. Lebanon Boulevard and Roycroft Galleria /Washington Road Abbeyville Road Bower Hill Road Hospital Property Cochran Road McNeilly Road CASTLE SHANNON BOULEVARD Kossman property 1. Vanderbilt Drive, Premier Homes property on eliminate Transitional Overlay (D) 2. Bower Hill Road/Jaycee Drive properties eliminate Transitional overlay (E) 3. Painters Run Road property eliminate transitional overlay (G) 4. James Place properties eliminate transitional overlay (X) where new subdivision being built. 5. Mt. Lebanon Boulevard and Roycroft, property at end of eliminate overlay (K) & (L) Rezone to C Galleria /Washington Road, eliminate Transitional Overlay (H) on properties. 7. Abbeyville Road eliminate Transitional Overlay (I) on properties 8. Bower Hill Road Hospital Property eliminate Transitional Overlay (B) 9. Cochran Road Yac O Vac eliminate Transitional Overlay (Y) see above 10. McNeilly Road properties eliminate Transitional Overlay (X) for Summit Pointe property and Rooney property. 11. McNeilly Road properties eliminate Transitional Overlay (X) and replace with new Transitional District OB. 12. McNeilly Road properties eliminate Transitional Overlay (V). 13. CASTLE SHANNON BOULEVARD eliminate various Transitional Overlays (U), (T), (S), ( R ), (Q), (P), and (N). 14. Kossman property change from Transitional Overlay District (M) to new (MX) Overlay District to permit a mix of residential and commercial.

20 Next Steps Public Hearing and Recommendation in June from Planning Board to Commission July/August Commission set public hearing Public Hearing September (2 meetings) Possible adoption October 2005