PUBLIC HEARINGZoning Ordinance Amendment

OCTOBER 22, 2013

BACKGROUND

Process of Updating Zoning Ordinances. Variances (prompted by State law changes). Downtown District update. Accessory Buildings.

Current Ordinance Review “Division 4 Performance Standards.”

Future Zoning Ordinance Review: Off-street parking. Signage. Zoning districts – allowed uses, etc.

BACKGROUND (continued) Planning Commission review (4). Open House at MMU as advertised &

promoted by Chamber of Commerce for public input (1).

City Council Legislative and Ordinance committee review (2).

City Council introduction of ordinance (1).

Public Hearing This Evening. Council further review and revisions

(pending).

ZONING ORDINANCE PURPOSE Section 86-3 of City Code “Purpose & Intent.”

Generally, the zoning ordinance is established to: segregate uses that are thought to be incompatible. prevent new development from negatively impacting

existing residents or businesses (health, safety, morals, property values, etc.).

guide new development to reflect the expectations of minimum community standards.

Zoning Codes also must be reasonable in order for the community to attract and retain business and residential investment the community values.

CURRENT ORDINANCE

Current ordinance adopted in 1976 unchanged.

Current focus is “nuisance” related performance standards: Landscaping no minimum but

requires a plan for screening and must maintain.

No open storage of materials in front yard and screened from residential in side or rear yards.

Restricts noise, odors, glares, lighting, vibration, smoke, dist, fumes or gases, hazards, water supplies and waste.

Note: This commercial illustration meets all current

zoning performance standards for new construction anywhere

in Marshall within non-downtown business district.

PROPOSED ORDINANCE

Clarifies existing ordinance maintenance and nuisance items.

Incorporates new minimum performance standards related to landscaping, exterior storage, and exterior building materials. Does not impact existing conditions. Includes residential and commercial areas. Excludes industrial and downtown district. Brick may be painted now

CITY COMPREHENSIVE PLAN The Zoning Ordinance specifically has a purpose and intent to “achieve the goals and

policies of the city comprehensive plan.”

“The primary purpose of the Comprehensive Plan is to provide a consistent set of goals and policies that will guide decisions regarding land use by both the private and public sector.” (page iv City Comprehensive Plan)

“broad participation in its development of this Comprehensive plan” and “the goals and policies that follow are a result of a great deal of citizen involvement.” (page iii and iv City Comprehensive Plan)

Economic Development Policy “Promote and encourage environmentally sensitive commercial and industrial development through design standards and good site planning.”

Land Use Goal “Enhance the community’s character and identity.” Land Use Policy “Maintain and upgrade the City’s zoning ordinance, subdivision

regulations and performance standards to promote the efficient use of land and the creation of a strong tax base.”

Transportation Policy “Endorses strict enforcement of quality building materials, signage, site lighting and landscaping in order to enhance the aesthetic character of the area.”

Downtown Policy – several examples but does not relate to this proposed ordinance.

LANDSCAPING (vegetable gardens)

Currently no restrictions.

Proposed Ordinance: Not allowed in front

yard. Not more than 25% of

rear yard. Larger than 25% requires a Conditional Use Permit approved by Council.

Community gardens require CUP.

LANDSCAPING

Proposed Ordinance: Minimum 30% of the exposed

ground area of lot (non-building). Of this area, 50% live material minimum and rest may include mulch, rock, etc.

Minimum 1 tree per 4000 s.f. or 1 tree per 50’ lot street frontage, whichever is greater. No requirements for location.

Minimum tree size 2” caliper (residential can have 1” caliper).

Currently no minimum standards.

Conceptual proposed standards.

LANDSCAPING GENERAL

Required for new construction, expansions over 50% of building, change in use resulting in adding 10+parking.

No formal landscaping plan required. No permanent Certificate of

Occupancy until completed (temporary will be allowed).

COMMERCIAL BUILDING MATERIAL EXAMPLE

Meets current ordinance standard.

Does not meet proposed ordinance standard. Horizontal plane

must offset = ok if under 30’ high.

Vertical plane must offset (if longer than 50’).

Note: We are assuming the material is architectural steel with no exposed fasteners for the “meet standards.” This would fall into a Class II Category.

BUILDING MATERIAL EXAMPLE

CURRENT ORDINANCE PROPOSED ORDINANCE

Meets Standards

Meets Standards

Meets Standards

Does Not Meet Standards (all Class III must have at least 40% Class I/II)

EXTERIOR STORAGE

COMMERCIAL

Storage in required rear yard was not allowed; now it is

Outdoor storage shall be screened from residential and other commercial

Outdoor display for sale shall be paved

Garbage collection areas shall be screened

RESIDENTIAL

Storage containers like cargo and shipping containers cannot be used as permanent storages

Trash cans shall not be stored in front yard

EXTERIOR STORAGE (Garage Sales)

Garage Sales – no minimum now. Proposing:

No more than 4 per year. No more than 2 per month. Not more than 4 consecutive days in

length. 7 a.m. to 8 p.m. evening hours. In response to complaint in residential

area. Complaint based enforcement only.

ENFORCEMENT

Standards related to new construction (landscaping, building materials, storage screening) enforced with building permit review.

Maintenance items continue to enforce on a complaint basis.

ALTERNATIVES

Leave as-is. Amend various minimum standards:

Landscaping (percent material coverage, # treets, are of green space, vegetable garden regs., etc.)

Building Materials (type of Class IV materials, vertical or horizontal break requirements, etc.).

Exterior Storage (garage sale regs., commercial garbage container screening, etc.)

RECOMMENDATION

Receive Public Input on Ordinance. Lay ordinance on table. Council worksession to come to

consensus on revisions. Will publish intent to act prior to removing from table.

Offer public input on final version night of intended action.

QUESTIONS & PUBLIC INPUT