10-14-2020 Council Packet - Laserfiche WebLink

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3 Zoning Code: The proposal to amend the Zoning Code will make instrumental improvements overall and will focus on alignment with the 2040 Plan land use vision, eliminating outdated language, and restructuring the format of the code in using tables and graphics to produce better understanding and accessibility. Notable first observations of the current code and necessary changes to be made are listed below: • Conditional Uses: The code has many Conditional Uses although the required conditions are not described. A Conditional Use is one that is normally not allowed in a given zoning district but may be allowed if certain conditions are met. Without the conditions being presented in the code, it is left to the applicant and the City officials to negotiate them on the spot. That may lead to inconsistent and unfair treatment. • Accessory Uses: An Accessory Use in one that is secondary in nature to a principal use, such as a garage serving a house. Some of the listed Accessory Uses are a bit outmoded, and some are so essential it does not seem necessary to list them, such as parking. (Please note that a principal use in not the same as a Permitted Use.) • Permitted Uses: A Permitted Use is one that is allowed in a given zoning district “by right” and cannot be denied. Construction must still conform to other requirements such as setbacks or landscaping, but the basic use of the land is granted by the code. This is different from a Conditional Use, which is not normally allowed but may be if the stated conditions are met. • Industrial Zoning Districts: Note that the Business / Industrial district exists on the zoning map but not in the text of the code. This district serves only two, adjacent parcels of land located at County Road D and Edgerton Street that total 1.75 acres and contain a house and a mini-storage building. Conversely, the Business-Warehouse and General Industrial districts exist in the text of the code but not on the map. • Business Zoning Districts: The B-2, Comprehensive Business District, exists in the text of the code but not on the map. And, there is only one location zoned B-4, Comprehensive Business District; it is along Rice Street south of County Road C. The Auto-Oriented Business District could be eliminated because it is not used. Likewise, the Comprehensive Business District, which is used for only one land parcel, could be replaced by the proposed Core Mixed Use District. The Core Mixed Use District noted in the 2040 Plan along Rice Street would allow a variety of retail and service businesses. • Commercial Land Uses: The list of commercial land uses could be consolidated and expanded. That is, it is not necessary to try to list every conceivable commercial land use that you wish to include because that risks omitting some that you might actually want, such as cell phone stores, which are not currently shown. Instead, a smaller number of more inclusive terms could be used. Many of the Conditional Uses in the commercial (and the residential) districts can be made Permitted Uses with certain conditions stated in the code. That would allow more buildings to be approved by City staff without having to go through the Planning Commission and City Council, which is time-consuming and creates business barriers. It also ensures that the conditions are clearly stated before a site plan is drawn.