1. OCTOBER 22, 2013

2.  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.

3.  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).

4.  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.

5.  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.

6.  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

7.  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.

8.  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.

9.  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.

10.  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).

11.  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.

12. CURRENT ORDINANCEPROPOSED ORDINANCE Meets Standards Does Not Meet Standards (all Class III must have at least 40% Class I/II)

13. 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

14.  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.

15.  Standards related to new construction (landscaping, building materials, storage screening) enforced with building permit review.  Maintenance items continue to enforce on a complaint basis.

16.  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.)

17.  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.