1. Amendments to Chapter 30 & 38 (Zoning Regulations) 1 st BCC PUBLIC HEARING April 22, 2008 Amendments to Chapter 30 & 38 (Zoning Regulations) 1 st BCC PUBLIC HEARING April 22, 2008

2. 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 (Current draft reflects changes) 1 st Board of County Commission Public Hearing – April 22 2 nd Board of County Commission Public Hearing – May 13 Local Planning Agency (LPA) / Planning & Zoning Commission Worksession – February 21 Local Planning Agency (LPA) / Planning & Zoning Commission Public Hearing – March 20 (Current draft reflects changes) 1 st Board of County Commission Public Hearing – April 22 2 nd Board of County Commission Public Hearing – May 13

3. Presentation Outline BCC Recommended Changes Staff Recommended Changes Late Additions BCC Recommended Changes Staff Recommended Changes Late Additions

4. 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 Residential Accessory building standards on large parcels Portable food vendors in C-1 Zoning District

5. Require Special Exception for Religious Institutions on Agricultural zoned property in Rural Settlements (Pg. 27, Line 1169) Recommended by Commissioner Brummer Procedural change Requires a special exception to BZA if in the Rural Settlement Areas Ensures public awareness and participation Recommended by Commissioner Brummer Procedural change Requires a special exception to BZA if in the Rural Settlement Areas Ensures public awareness and participation

6. Residential Accessory Bldg. Standards on 2 acre + parcels (Pg. 28, Line 1217) 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 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

7. Portable Food Vendors in C-1 Zoning District (Pg. 33-34, Lines 1476 - 1510) Recommended by Commissioner Moore- Russell Current Code: Only allowed under canopy of a bldg. (Home Depot); No Special Exception option Proposed Change: If zoned C-1 and not under a canopy, OK to apply for a Special Exception Special Exception allows for public feedback Recommended by Commissioner Moore- Russell Current Code: Only allowed under canopy of a bldg. (Home Depot); No Special Exception option Proposed Change: If zoned C-1 and not under a canopy, OK to apply for a Special Exception Special Exception allows for public feedback

8. Portable Food Vendors

9. Staff Recommended 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 Clarify administrative setback waivers 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 Clarify administrative setback waivers

10. Clarify BZA Quorum (Pg. 5, Line 178) 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) 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)

11. Use Variance Definition (Pgs. 7, Line 299 & Pg. 10, Line 400) Use Variance Definition (Pgs. 7, Line 299 & Pg. 10, Line 400) A variance granted for a use not permitted in the zoning district Use variances are not legally defensible Rezoning is appropriate procedure A variance granted for a use not permitted in the zoning district Use variances are not legally defensible Rezoning is appropriate procedure

12. Clarify definition of Religious Institution (Pg. 7, Line 267) 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) 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)

13. Special Exception or Variance review by Development Review Committee (DRC) (Pg. 12, Line 490) Some Special Exception applications require a more comprehensive staff review: Large Schools Religious Institutions DRC may review: Traffic Drainage Environmental Community-wide impacts Some Special Exception applications require a more comprehensive staff review: Large Schools Religious Institutions DRC may review: Traffic Drainage Environmental Community-wide impacts

14. Establish standards for Permanent Electric Generators (Pg. 20, Line 865 - 899) Typically larger than A/C units Current code does not address them Proposing clear standards Must be screened and meet setbacks Typically larger than A/C units Current code does not address them Proposing clear standards Must be screened and meet setbacks

15. Standards for Temporary Portable Storage Containers (Pg. 31, Line 1376 - 1426) “POD’s” Current code does not address They are temporary Max. size = 160 sq. ft. “POD’s” Current code does not address They are temporary Max. size = 160 sq. ft.

16. Special exception for barbed wire fence on residential properties (Pg. 47, Line 2067) 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 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

17. Permit 6 ft. high wall/fence in residential front yard if on major road (Pg. 48, Line 2088) 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 from noise pollution as residential subdivisions 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 from noise pollution as residential subdivisions

18. Licensed alcoholic beverage location that predates school/religious use not made non-conforming and license upgrade permitted (Pg. 50, Line 2207) Location continues as conforming (can rebuild if damaged) Allows an upgrade of license series ( 2COP to 4COP) even after a school/church locates within 1000 ft of your business Location continues as conforming (can rebuild if damaged) Allows an upgrade of license series ( 2COP to 4COP) even after a school/church locates within 1000 ft of your business

19. 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 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

21. Modify administrative setback waivers (Pg. 57, Line 2457) 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 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

22. Administrative Waiver for Front and Rear Setbacks CURRENT Req’d Setback3% Waiver -30 ft. (front/rear)- 29.1 ft. -25 ft. (front/rear)- 24.25 ft. PROPOSED Req’d Setback6% Waiver -30 ft. (front/rear)- 28.2 ft -25 ft. (front/rear)- 23.5 ft CURRENT Req’d Setback3% Waiver -30 ft. (front/rear)- 29.1 ft. -25 ft. (front/rear)- 24.25 ft. PROPOSED Req’d Setback6% Waiver -30 ft. (front/rear)- 28.2 ft -25 ft. (front/rear)- 23.5 ft

23. Minor Substantive Changes - Variance approvals per site plan and conditions (Pg. 3, Line 130) -Night watchman security quarters are permitted in Commercial districts (Pg. 18, Line 775) -Stand alone carwash uses are permitted in C-1 subject to meeting new standards (Pg. 27, Line 1188) -Breezeway attachments between house and accessory bldg. from 15 ft. to 20 ft. (Pg. 35, Line 1534) -Unapproved lot splits are not grounds for granting variances for lot size and lot width (Pg. 46, Line 2030) Minor Substantive Changes - Variance approvals per site plan and conditions (Pg. 3, Line 130) -Night watchman security quarters are permitted in Commercial districts (Pg. 18, Line 775) -Stand alone carwash uses are permitted in C-1 subject to meeting new standards (Pg. 27, Line 1188) -Breezeway attachments between house and accessory bldg. from 15 ft. to 20 ft. (Pg. 35, Line 1534) -Unapproved lot splits are not grounds for granting variances for lot size and lot width (Pg. 46, Line 2030)

24. Late Additions Clarify Shared Parking: Clarify Shared Parking: Sections 38-1477 and 38-1478 Sections 38-1477 and 38-1478 unified development plan shares parking unified development plan shares parking 38-1477 – “the 300 foot distance is not applicable to a unified development plan (e.g. shopping center)” 38-1477 – “the 300 foot distance is not applicable to a unified development plan (e.g. shopping center)” 38- 1478 – “or where the uses are part of a unified development plan (e.g. shopping center)38- 1478 – “or where the uses are part of a unified development plan (e.g. shopping center)

25. BCC Action Requested No formal action 2 nd Public Hearing May 13, 2008 2 nd Hearing set for 5:01 P.M. Board can authorize alternate time with super-majority vote (Majority +1) No formal action 2 nd Public Hearing May 13, 2008 2 nd Hearing set for 5:01 P.M. Board can authorize alternate time with super-majority vote (Majority +1)

26. Amendments to Chapter 30 & 38 (Zoning Regulations) BCC PUBLIC HEARING April 22, 2008 Amendments to Chapter 30 & 38 (Zoning Regulations) BCC PUBLIC HEARING April 22, 2008