Vote to send draft code to City Council May 11

ZCC Regular Session  

ZCC Chair Alan Greenberger said the Commission will vote to send the draft zoning code – the Draft Preliminary Report – to City Council on May 11. A new draft will be posted on May 1, although refinements continue to be made based on public comments and input from internal committees. At today’s meeting, lead consultant Don Elliott highlighted the differences in uses between the current and draft codes, as well as any changes that have been made to the Draft Preliminary Report since March 2.

Mr. Elliott emphasized that in the new code uses are regulated by category, not by individual uses. In order to determine which uses will be permitted in a particular zoning district, staff and consultants looked at whether a use is appropriate for the intended character of an area, not just what uses are there now. The new use regulations are designed to support the overall purposes of the code by applying sound planning principles citywide, locating appropriate businesses and services near residents, and promoting sustainability. The Draft Preliminary Report introduces new, modern uses into the code and may be more permissive or restrictive in relation to existing uses, depending on the character of the neighborhood. The code is more permissive to accommodate uses that have evolved over time to have fewer impacts or to reduce conflicts with state and federal laws. Use-specific standards are incorporated where needed to improve predictability and preserve neighborhood character. The code is more restrictive for uses that are no longer compatible with the district or where a highly specific use exists that is prohibited in the new code. ZCC staff prepared A Review of Use Changes in the New Zoning Code to help residents understand the new regulations. Click here to review today’s presentation on uses.

Significant changes to the Draft Preliminary Report are mostly related to Chapter 14-300, Administration and Procedures, and involve language refinements to clarify ZCC intentions, eliminate redundancies, and avoid legal challenges. Click here to view Mr. Elliott’s presentation on recent changes.

As the ZCC prepares to send the draft code to City Council, the Commission’s staff and Work Plan and Civic Engagement Committees are maintaining an intense schedule of meetings to gather and process last-minute feedback. Community groups and industry stakeholders are also working hard to analyze the impacts of the code and make recommendations before the time for changes runs out. 

Comments at today’s meeting were initiated by ZCC member and Councilman Brian O’Neill. Mr. O’Neill asked about two-family homes and the number of units that will now be permitted in neighborhoods traditionally comprised of twins and duplexes. The new code does not distinguish between two-family and multi-family dwellings and ties density to lot size. Instead of permitting a maximum number of units per lot, the code requires a minimum lot area per unit, so that the total permitted is based on the overall size of the lot. Councilman O’Neill said he posed the question in response to resident concerns and to see if this is an issue that will make the code “dead on arrival” to City Council. Councilman Bill Green agreed that the issue should be addressed. “There are large lots in Roxborough and Germantown that could now add more units,” he said. Mr. Green also expressed concern about the changes that will be imposed on neighborhoods immediately following the code’s adoption, when district names are converted and the new use categories are put in place. Although Alan Greenberger said the ZCC needs to ensure the transition does not fundamentally change a neighborhood, Councilman Green was quick to point out that any development rights that are granted when the code is passed cannot be taken back when the remapping occurs. “It may be considered a regulatory taking,” he said. “You don’t get a do-over.”

Visit http://www.zoningmatters.org/ to track changes to the code and related documents. The next ZCC meeting and scheduled vote on the code will be held May 11 at 8:00 AM, 1515 Arch Street, 18th Floor.