Amendments to Chapter 30 38 Zoning Regulations

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

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

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

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

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

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 allows for public feedback

Portable Food Vendors

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

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)

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

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)

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

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

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.

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

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

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. , 2 COP to 4 COP) after a religious/school use locates within 1000 ft of business

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

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

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, 4 COP)

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). ”

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 multitenant, unified development (shopping centers)

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 predates alcohol request in shopping center

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. ”

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

Administrative Waiver for Front and Rear Setbacks CURRENT Req’d Setback - 30 ft. (front/rear) - 25 ft. (front/rear) 3% Waiver - 29. 1 ft. - 24. 25 ft. PROPOSED Req’d Setback - 30 ft. (front/rear) - 25 ft. (front/rear) 6% Waiver - 28. 2 ft - 23. 5 ft

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

BCC Action Requested • Approve amendments to the Zoning Regulations

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