This page intentionally left blank

Transcription

1

2 This page intentionally left blank

3 Table of Contents I. INTRODUCTION AND OVERVIEW... I-1 II. DIAGNOSIS... II-1 Theme 1. Create a User-Friendly Code... II Make the Structure and Format More Logical and Intuitive... II Add Graphics, Illustrations, Flowcharts, and Tables... II Graphics and Illustrations... II Flowcharts and Summary Tables... II Improve Document Formatting and Referencing System... II Make the Language Clearer and More Precise... II Modernize, Refine, and Update Definitions... II Use a Procedures Manual... II Streamline Review Procedures... II Overview of Current Review Procedures and Structure... II Recommendations for Streamlining... II Consolidate Procedures into One Article... II Establish a Set of Standard Procedures... II-14 Theme 2. Implement Plan Columbia... II Introduction and Plan Columbia Framework... II Planning Context... II The Land Use Plan... II Reorganize and Modernize the Current Zone District Structure... II Overview of Current Zone Districts... II Proposed Zone District Structure... II Modernize Format and Organization of Zone Districts... II Evaluate and Reduce, Where Appropriate, Special Exception Uses... II Identify and Classify Uses in a Simpler and More Flexible Way... II Three-tiered System to Classify Uses... II Modernize and Customize the Development Standards... II Add Mobility, Circulation, and Connectivity Standards... II-53 i

4 Table of Contents Refine and Modernize Off-street Parking and Loading and Add Bicycle Standards... II-56 Refine Landscaping Standards... II-59 Strengthen Tree Protection Standards... II-62 Add Uniform Open Space Standards... II-64 Add Provisions to Protect Neighborhood Character... II-65 Add Form and Design Standards to Improve Livability and... Development Quality... II-69 Fencing... II-72 Exterior Lighting... II-73 Theme 3. Modernize the Regulations to Encourage and Support Infill and Redevelopment... II Background... II Recommendations... II Revise the Off-Street Parking and Landscaping Standards to... Recognize the Different Development Contexts in the City... and Account for Infill Situations... II-77 Evaluate and Modify Zoning District Regulations to Address... Nonconformities and Align Them with the Desired Character... II-78 Include Contextual Compatibility Standards in Selected Zone... Districts... II-79 Add Administrative Adjustment Procedure... II-79 Carry Forward the Existing Alternative Compliance Provisions... and Consider Broadening Their Application... II-80 Add Provision Requiring Scaled Compliance of... Nonconforming Site Features... II-80 Theme 4. Support and Encourage Sustainable/Green Building Practices... II Introduction, Policy Direction and Stakeholder Feedback... II Current Regulations... II Recommendations... II-84 ii

5 Table of Contents III. ANNOTATED OUTLINE OF THE NEW UNIFIED DEVELOPMENT ORDINANCE... III-1 ARTICLE 17-1: GENERAL PROVISIONS... III-2 Section Title... III-2 Section Authority... III-2 Section General Purpose and Intent... III-3 Section Applicability... III-3 Section In Accordance with Comprehensive Plan... III-3 Section Relationship with other Laws, Covenants, or Deeds... III-3 Section Official Zone Map... III-3 Section Transitional Provisions... III-4 Section Vested Rights... III-4 Section Severability... III-4 Section Repeal of Preexisting Regulations... III-4 Section Effective Date... III-5 ARTICLE 17-2: ADMINISTRATION... III-6 Section Advisory and Decision-making Bodies and Persons... III-6 Section Standard Application Requirements and Review Procedures... III-8 Section Pre-Applicatin Neighborhood Meeting... III-8 Section Pre-Application Conference... III-9 Section Application Submission... III-9 Section Determination of Completeness... III-9 Section Staff Review and Action... III-9 Section Scheduling of Public Hearing and Public Notification... III-10 Section Advisory Body Review and Recommendation... III-10 Section Decision-Making Body Hearing, Review, and Decision... III-11 Section Notification to Applicant of Decision... III-11 Section Appeal... III-11 Section Application-Specific Requirements, Review Procedures, and Decision Criteria... III-11 Section Discretionary Approvals... III-11 iii

6 Table of Contents Section Section Section Section Section Section Historic Properties and Architectural Review... III-12 Site Development... III-13 Land Development (Subdivision)... III-13 Permits... III-13 Relief... III-14 Interpretations... III-15 ARTICLE 17-3: ZONE DISTRICTS... III-16 Section General Provisions... III-16 Section Base Districts... III-20 Section Residential Districts... III-20 Section Activity and Corridor Districts... III-21 Section Institutional and Campus Districts... III-22 Section Industrial Districts... III-23 Section Overlay Districts... III-23 Section General purpose of Overlay Districts... III-23 Section Planned Unit Development Districts... III-24 Section General Purpose of Planned Unit Development Districts... III-24 ARTICLE 17-4: USE REGULATIONS... III-25 Section General Provisions... III-25 Section Principal Uses... III-25 Section General... III-25 Section Principal Use Table... III-25 Section Standards Specific to Principal Uses... III-26 Section Accessory Uses and Structures... III-26 Section General... III-27 Section Accesory Use/Structure Table... III-27 Section General Standards for All Accessory Uses and Structures... III-27 Section Standards Specific to Accessory Uses and Structures... III-27 Section Temporary Uses and Structures... III-27 Section General... III-28 Section Temporary Use/Structure Table... III-28 iv

7 Table of Contents Section Standards Specific to Temporary Uses and Structures... III-28 ARTICLE 17-5: DEVELOPMENT STANDARDS... III-29 Section Mobility, Circulation, and Connectivity... III-29 Section Off-street Parking and Loading and Bicycle Parking... III-30 Section Landscaping... III-31 Section Tree Protection... III-31 Section Open Space... III-32 Section Neighborhood Compatibility... III-32 Section Form and Design Standards... III-32 Section Fences and Walls... III-32 Section Exterior Lighting... III-33 Section Signs... III-33 Section Incentives for Sustainable Development Practices... III-33 ARTICLE 17-6: LAND DEVELOPMENT (SUBDIVISION) STANDARDS... III-34 Section General Applicability... III-34 Section Minimum Design Standards... III-34 Section Improvements... III-34 ARTICLE 17-7: NONCONFORMITIES... III-35 Section General Applicability... III-35 Section Purpose and Scope... III-35 Section Authority to Continue... III-35 Section Determination of Nonconformity Status... III-35 Section Minor Repairs and Maintenance... III-35 Section Change of Tenancy or Ownership... III-35 Section Nonconforming Uses... III-35 Section Nonconforming Structures... III-36 Section Nonconforming Lots of Record... III-36 Section Nonconforming Signs... III-36 Section Nonconforming Site Features... III-36 v

8 Table of Contents ARTICLE 17-8: Section Section Section Section Section Section ENFORCEMENT... III-38 Purpose... III-38 Compliance Required... III-38 Violations... III-38 Responsible Persons... III-38 Enforcement Generally... III-38 Remedies and Penalties... III-39 ARTICLE 17-9: Section Section Section Section DEFINITIONS AND RULES OF MEASUREMENT... III-40 General Rules for Interpretation... III-40 Rules of Measurement... III-41 Use Categories and Use Types... III-41 Definitions... III-41 IV. APPENDICES... IV-1 Appendix A. Example of User-Friendly Code Graphics... IV-2 Appendix B. Columbia Future Land Use Map... IV-3 Appendix C. Current Special Purpose Districts... IV-5 Appendix D. Example Zone District Regulation Format... IV-7 Appendix E. Proposed Standards for RM-S: Residential Mixed - Small Scale District... IV-8 Appendix F. Proposed Standards for RM-M: Residential Mixed MediumScale District... IV-10 Appendix G. Proposed Standards for MU-L: Mixed-Use Low Density District... IV-12 Appendix H. Proposed Standards for MU-M: Mixed-Use Medium Density District... IV-14 Appendix I. Proposed Standards for MU-H: Mixed-Use High Density District... IV-16 vi

9 I. INTRODUCTION AND OVERVIEW Project overview The City of Columbia is conducting a comprehensive rewrite of its zoning ordinance and land development (subdivision) regulations. The project will transform these current regulations into a more user-friendly and efficient format, and incorporate a set of modern development controls that further the city s long-term planning goals and vision for future growth and development. The project is timely as well, for two reasons: I. Introduction First, the current development regulations have not been comprehensively updated in over 30 years. They have been amended many times to address specific needs, but over the years the regulations have become complex and unclear, as amendments either conflict or use different concepts and terms. In some instances they present obstacles to desirable forms of development. Second, in March 2015 the city adopted the Plan Columbia Land Use Plan ( Plan Columbia ), which sets new and clearer policy direction for future growth and development. The plan includes eight guiding principles (shown at right) for Columbia s physical development based on input from community members and stakeholders, along with a series of development types and land use uses that form the framework for recommended changes to the regulations in this Assessment. The city s current regulations do not have the right tools in place to achieve the Plan Columbia policy direction, as well as the other goals for the project identified by the community. This rewrite will introduce a set of modern zoning tools to address these goals. To assist the Columbia Planning Department in rewriting regulations, the city has retained a nationally recognized team of planning consultants led by Clarion Associates, with assistance from McBride Dale Clarion and Planning Next. I-1

10 I. Introduction Rewriting the current regulations is a significant undertaking that will require several years of effort. The work is organized into four phases, as shown on the next page. Task Timeframe Status Project Initiation August October 2014 Complete Consult with Stakeholders and Analyze Current Regulations April May 2015 Complete Prepare Ordinance Assessment June December 2015 This document Draft New Zoning Ordinance September 2016 Public Review of New Zoning Ordinance November 2016 The city encourages all members of the public to participate in the project and provide input. To assist in the effort, a project website, has been established. It includes general information about the project; a place where members of the public can sign-up to receive notification about project events, like public meetings; and a place where all work products will be placed for public review. I-2

11 I. Introduction Overview of the report This Assessment is intended to be a starting point for discussions that need to take place over the next several years about the changes that need to be made to Columbia s current zoning ordinance and development (subdivision) regulations. The Assessment synthesizes the most important goals (key themes) that need to be accomplished in the project, includes an evaluation of how the current zoning and subdivision approval system performs, and then identifies best practices for improvement. The report should not be read as a criticism of the current regulations, which have served the Columbia well, but now need to be restructured. Rather, the report offers tools to help the city capitalize on its many assets. The Assessment is organized into three Parts and an Appendix. Part I is this introduction and overview. Part II is a Diagnosis, which discusses the key themes for improvement, along with recommendations for how the key themes can be achieved in the rewrite. Part III includes an Annotated Outline for how the regulations should be restructured, if the key themes from the diagnosis are implemented as recommended. Appendices are included in Part IV. The structure of the Assessment is outlined as follows: I. Introduction and Overview II. Diagnosis III. IV. Theme I: Create a User-Friendly Code Theme 2: Implement Plan Columbia Theme 3: Modernize the Regulations to More Strongly Encourage and Support Infill and Redevelopment Theme 4: Support and Encourage Sustainable/Green Development Practices Annotated Outline of the New Unified Development Ordinance Appendices The modernization of the zoning and land development (subdivision) regulations will help facilitate Columbia s current renaissance, and support the community s vision for the 21st century. This Assessment and the Annotated Outline will become the roadmap for the drafting of the rewritten regulations. With input by city staff, residents, business and property owners, the Zoning Advisory Committee, the Planning Commission, I-3

12 I. Introduction and direction from the City Council, this document will become a milestone towards crafting a new set of 21st century regulations that will: Support economic growth; Shape infill development so it is consistent with the community s desired character; Protect stable residential neighborhoods; Promote walkable, transit-supportive, mixed-use development in desired locations; and Implement the city s vision for future growth and development as set out in Plan Columbia. For all of these reasons, we urge citizens, elected officials, and appointed officials to read this Assessment and note the areas you agree with as well as the areas we might change to help promote a vigorous and open exchange of ideas. We also ask that you read the Assessment with an open mind about different ways of doing business and achieving the community s desired goals for future growth and development. I-4

13 II. DIAGNOSIS II. Diagnosis Theme 1. Create a User-Friendly Code A common complaint heard about Columbia s current regulations is that they are lengthy, unclear, and not userfriendly. Specifically, they: Are not intuitive and logically organized; Fail to integrate graphics, illustrations, photographs, tables, or flowcharts to explain complex zoning terms; Contain formatting that is difficult to navigate; Include different review standards in different places; Do not define some terms; Include imprecise review standards; and Are not written in plain English. For these reasons, there is strong consensus that an important project goal should be to make the regulations more understandable and user-friendly. User-friendly regulations are easy to use, rely on an intuitive and logical organization, and allow a reader to locate the desired information quickly. They use plain and precise language and graphics to illustrate complex zoning concepts. They are organized and presented in a logical way that helps readers understand relationships among different parts of the regulations. We suggest the current regulations can be made more user-friendly by: Reorganizing them in a logical and intuitive way; Incorporating graphics, illustrations, and tables to explain zoning concepts; Improving the formatting and numbering system; Making the language more clear and precise, and addressing internal inconsistencies; Modernizing and updating the definitions; Using a Procedures Manual; and Streamlining the review procedures, where appropriate. II-1

14 II. Diagnosis Each recommendation is discussed below. 1.1 MAKE THE STRUCTURE AND FORMAT MORE LOGICAL AND INTUITIVE Columbia s current zoning and land development (subdivision) regulations follow a three-tiered hierarchy of articles, divisions, and sections. While this structure is generally logical, the arrangement of content is not intuitive and well-organized. For example, the titles of the articles refer to a mix of regulatory topics such as procedures (Planning Commission; Historic Preservation and Architectural Review; Tree and Appearance Commission), zone districts (Zoning), and miscellaneous development standards (Manufactured Homes and Trailers). Within those articles, the arrangement of divisions is difficult to follow. For example, Article III (Zoning), Division 8 (District Descriptions; Use and Dimensional Regulations) contains sections that alternate between district-based and use-based development standards, which means the reader must navigate between two different sets of regulatory requirements for information on the same topic. Moreover, some district and development standards are contained in different divisions. For example, Division 8 (District Descriptions, Use and Dimensional Regulations) and Division 9 (Supplementary District Regulations) both contain dimensional standards for specific uses like microbreweries, wireless communication facilities, and home occupations, though it is not evident why these standards are separated in such a manner. Similarly, parking requirements are found in two places: Division 9 (Supplementary District Regulations) and Division 10 (Off- Street Parking and Loading). This structure is challenging and can be improved through more logical organization and consolidation. Typically, modern codes address these problems in several ways. The first is by consolidating the zoning ordinance and land development (subdivision) regulations into one code (a Unified Development Ordinance, or UDO ). The second is to organize the regulations in a hierarchy based on procedural and II-2

15 II. Diagnosis substantive relationships. This organization, which is shown in the sidebar in this section, is set out in more detail in Part III: Annotated Outline of Unified Development Ordinance (UDO). This is what is recommended for the rewrite. Under the reorganized structure, all procedures are consolidated into one article (Article 17-2: Administration), and the provisions common to all procedures are included in a standard procedures section. The zone districts (Article 17-3: Zone Districts) and use regulations (Article 17-4: Use Regulations) are consolidated into two integrated articles. All development standards are consolidated and their applicability to different types of development clarified in Article 17-5: Development Standards. The land development (subdivision) standards are found in the next article (Article 17-6: Land Development (Subdivision) Standards). Nonconformity provisions are consolidated in an article on nonconformities (Article 17-7: Nonconformities). Enforcement provisions are consolidated into one article (Article 17-8: Enforcement). Finally, all definitions are consolidated into one article and located at the back of the regulations (Article 17-9: Definitions and Rules of Measurement) since they typically serve as a supplementary reference tool rather than as a primary source of regulatory information. 1.2 ADD GRAPHICS, ILLUSTRATIONS, FLOWCHARTS, AND TABLES One way to make regulations user-friendly is through the use of graphics, illustrations, photos, flowcharts, and tables. They assist with communicating zoning concepts and improving the readability of the regulations. Flowcharts, illustrations, graphics, and diagrams are also helpful in zoning regulations because they convey information concisely and, in many instances, more clearly eliminating the need for lengthy, repetitive text. Overall, the current regulations do not take advantage of current graphic design concepts and tools, and recent thinking regarding how the use of clear illustrations and graphics can help explain or establish zoning requirements Graphics and Illustrations The current regulations rely mainly on text to convey most zoning concepts. While some graphics are included to illustrate community character provisions, they are not clearly labeled, so it is difficult to identify how II-3

16 II. Diagnosis elements shown in the graphics relate to accompanying regulations. Overall, the document s reliance on text misses an opportunity to visually communicate the desired intention behind various provisions. Increasing the number and type of graphics throughout the regulations to help illustrate procedures, development form, and other zoning concepts (such as parking space dimensions, parking lot landscaping and other landscaping and screening requirements) would make the regulations more user-friendly (see image above). Use of photographs demonstrating both preferred and discouraged development forms and patterns would also make the regulations more user-friendly Flowcharts and Summary Tables Flowcharts and summary tables are also helpful in presenting information succinctly and eliminating repetition or inconsistent terminology. For example, flowcharts can be used along with text in the procedures section of the regulations to graphically portray the process required for review of a specific type of development application from the time of application submission to the final decision on the application (see example to the left). The current regulations do use some tables, though they are not clearly labeled, and lack repeating header rows that break across pages (see related recommendation to consolidate land uses in Section 2.5, Identify and Classify Uses in a Simpler and More Flexible Way). By the fourth or fifth page of the table the reader is most likely unable to remember how the nearly two dozen columns correspond with the zone districts listed on the first page of the table. Some other standards that would benefit from summary tables include landscaping, off-street parking, open space, exterior lighting, and fencing standards. We suggest the new regulations continue to incorporate tables, and include new tables where appropriate. Tables should be used where needed, consolidating as much information as practical to minimize the need to scan between multiple tables. Also, all tables should be labeled according to the sub-section in which they are located, so they can be referenced elsewhere in the document. Lastly, tables should be consistently formatted for readability. 1.3 IMPROVE DOCUMENT FORMATTING AND REFERENCING SYSTEM The format of the current regulations is difficult to navigate and use. Most pages in the regulations consist of text with wide margins; while some indentation is used to distinguish sub-sections, there could be a stronger use of white space and paragraph alignment to help make a visual distinction II-4

17 II. Diagnosis between provisions. The document could also make use of section headers, referencing systems, and an index, as well as a glossary of abbreviations. The table of contents could be enhanced. To improve readability, modern codes use distinctive heading styles to more clearly distinguish various sections, subsections, paragraphs, and subparagraphs (see example page layout from another community s code on this page). When combined with better alignment, white space, tables, and graphics, the text becomes much easier to read and interpret. Additionally, modern codes use: An easy to understand referencing system; A detailed table of contents; Detailed headers and footers which highlight the section number and topic on each page, allowing a reader to navigate to desired locations; Numerous cross-references; An index of topics at the end of the document; and A glossary of abbreviations. As illustrated in the example page layout, we suggest all of these techniques be used in the new regulations to enhance user-friendliness. Finally, we recommend the regulations establish a hierarchy of articles and sections with a numbering system that is more logical one that anchors sections in the article in which they are located. The current zoning ordinance and land development (subdivision) regulations which are collectively chapter 17 of the municipal code are organized into eight articles, which are then divided into sections. However, the section numbers do not logically correspond to the articles. To better organize the ordinance, we recommend using a hierarchy of articles followed by section numbers. For example, the current chapter in which the zoning and land development (subdivision) regulations are located in the municipal code would be retained, and renamed Chapter 17: Unified Development Ordinance. Then, the first section in the first article would be numbered , and so on. This hierarchy is shown in the sidebars within II-5

18 II. Diagnosis Part III, Annotated Outline of the New Unified Development Ordinance (UDO). 1.4 MAKE THE LANGUAGE CLEARER AND MORE PRECISE Another way to make regulations user-friendly is to ensure ordinance language is clear and precise. Standards, other requirements, and procedures that are unclear invite different interpretations and create uncertainty for development applicants as well as review boards, the public, and staff. Although some regulations do not lend themselves to exact numbers, the use of numerical ranges and elimination of general/aspirational language can ensure the regulations are consistently interpreted. Using clear and objective standards helps ensure the regulations are consistently applied to each project that comes forward for review. Finally, there are instances in the current regulations where language is general and imprecise. Additionally, there are conflicting provisions. During the rewrite, all procedures, standards, and all other ordinance language will be reviewed and where appropriate, modified with clear, precise, and measureable standards consistent with the city s planning and development goals. 1.5 MODERNIZE, REFINE, AND UPDATE DEFINITIONS The current regulations contain consolidated lists of definitions, which is a desirable organizational approach, in contrast to, say, scattering definitions throughout the regulations. However, there are multiple lists within the zoning and land development (subdivision) regulations, and these should be consolidated into a single set. The consolidated list could also be improved with respect to which terms are included. For example, the term cambium is defined, but only used once in the regulations, whereas a term like sidewalk is not included, and yet it appears more frequently in the regulations and is a commonly-used term during the course of development review. During the rewrite process we will suggest including more commonly-used definitions, and identify which definitions can be deleted, either because they are no longer used or otherwise unnecessary. Also, some of the existing definitions are long and complex because in addition to defining a term, they also contain use-specific standards or measurement-related provisions. This makes the individual entries longer II-6

19 II. Diagnosis and more complex, and requires multiple entries to address variations, which then makes the overall set of definitions longer. For example, the term banquet hall is currently defined, but also contains use-specific provisions relating to accessory uses, sale of alcohol, and operating hours, which makes the individual definition more complex and also makes the use-specific provision within the definition harder to locate. We recommend that use classifications not be included in the list of definitions, and instead located in a separate section of the regulations dealing with use definitions and standards. 1 Lastly, definitions could be improved by relocating measurement-related terms to a separate section, which reduces the need for listing multiple entries in the definitions to address variations in measurement and helps shorten the overall list of definitions. For example, there are currently multiple entries for the term yard (e.g., rear yard, side yard). We recommend locating measurement-related terms in a separate section of the regulations as shown in Part III, Annotated Outline of the New Unified Development Ordinance, Article 17-9:, Definitions and Rules of Measurement. 2 By removing use definitions, use-specific standards, and measurementrelated terms, the revised set of definitions can become a more user-friendly reference tool for key terms, and the individual entries can become more relevant and concise. All terms will be clearly and precisely defined, consistent with usage elsewhere in the regulations and written in plain English. 1.6 USE A PROCEDURES MANUAL The current regulations include some specific details relating to application submittal requirements, such as the format for providing site plan drawings, timelines for submitting a final plat to the city Engineer, and proposals distributed to the Planning Commission for review. We recommend removing submittal requirements from the regulations and placing them in a Procedures Manual that is authorized to be prepared by the Zoning Administrator. 1 Use-specific standards would also be located in a separate section, allowing the use definitions to become more concise and making the use-specific provisions easier to locate. See Section 2.5, Identify and Classify Uses in a Simpler and More Flexible Way for further discussion of use types, use categories, and use classifications, and use-specific standards. 2 In addition to helping trim the list of needed definitions, this approach make measurementrelated information easier to locate. Key rules of measurement can also be more clearly and efficiently presented through graphics and diagrams, especially when defining spatial terms. Rules of measurement is further discussed in Part III, Annotated Outline of the New Unified Development Ordinance, Article 17-9:, Definitions and Rules of Measurement II-7

20 II. Diagnosis The Procedures Manual would include application content requirements, information about application fees, schedules for application processing, and information about nuts and bolts staff review processes. The manual might also include a summary or explanatory information on how to use the regulations or more effectively participate in application review processes, as well as checklists to ensure applicants address required issues up-front. These detailed requirements are typically subject to frequent minor modifications and corrections as practices evolve and new technology becomes available. If they are included in the regulations, the city must amend the regulations every time the requirements change. Including them in a Procedures Manual referenced in the ordinance avoids both cluttering the ordinance and the necessity of amending the regulations every time a minor modification or correction to application material requirements is needed. Many modern codes use a Procedures Manual to assist in the efficient administration of regulations (see example on this page). We recommend this practice for Columbia s regulations. If, however, the city prefers not to use a Procedures Manual, we suggest locating all application content requirements, information about application fees, and schedules for application processing in an Appendix to the regulations. This helps make the regulations less cumbersome. 1.7 STREAMLINE REVIEW PROCEDURES Overview of Current Review Procedures and Structure Development review procedures in the current zoning and land development (subdivision) regulations are relatively efficient. However, there is room for improvement. The current review procedures are summarized in Table (A), Current Development Review Procedures, City of Columbia. II-8

21 CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS FORM BASED CODES DESIGN DEVELOPMENT REVIEW COMMISSION CITY ENGINEER ZONING ADMINISTRATOR LAND DEVELOPMENT ADMINISTRATOR PLANNING COMMISSION STAFF DESIGN DEVELOPMENT REVIEW COMMISSION STAFF II. Diagnosis TABLE (A) CURRENT DEVELOPMENT REVIEW PROCEDURES, CITY OF COLUMBIA D = DECISION R = RECOMMENDATION A = APPEAL <> = PUBLIC HEARING PROCEDURES DISCRETIONARY APPROVALS Zoning Text Amendment <D> R R Zoning Map Amendment <D> R R Planned Unit Development (PUD) PUD - Residential <D> R R PUD - Commercial <D> R R PUD - Large-scale <D> R R Multiple Use Areas Overlay Residential <D> R R Commercial <D> R R Light Industrial <D> R R Historic Protection Designation (Landmark; Landmark District; Architectural Conservation District; Historic Commercial District; Protection Area) <D> R R R Special Exception Certificate of Design Approval (CDA) 1 CDA Design Protection (DP) <D> HISTORIC PROPERTIES AND ARCHITECTURAL REVIEW Major <D> R Minor A D CDA Innovista District (ID) Major <D> R Minor A D CDA City Center Design Development (DD) Major <D> R Minor A D CDA North Main Corridor (NC) Major <D> R Minor A D CDA Five Points (5P) Major <D> R Minor A D SITE DEVELOPMENT Group Developments 2 Preliminary Site Plan D R Final Site Plan R D Experimental Development Sketch Plan Preliminary Plat D R R Final Plat D R R D II-9

22 CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS FORM BASED CODES DESIGN DEVELOPMENT REVIEW COMMISSION CITY ENGINEER ZONING ADMINISTRATOR LAND DEVELOPMENT ADMINISTRATOR PLANNING COMMISSION STAFF DESIGN DEVELOPMENT REVIEW COMMISSION STAFF II. Diagnosis TABLE (A) CURRENT DEVELOPMENT REVIEW PROCEDURES, CITY OF COLUMBIA D = DECISION R = RECOMMENDATION A = APPEAL <> = PUBLIC HEARING PROCEDURES Flexible Site Development D Cluster Housing D R Mobile Home Parks Development Plan D R Final Plat <D> Major Subdivision Sketch Plan 3 SUBDIVISION Preliminary Plat D R R Final Plat D R R Minor Subdivision 4 Final Plat D R PERMITS Forestry Permit 5 <A> D Sign Permit 6 D Flood Protection Area Development 7 D Zoning Permit <A> D Temporary Certificate of Zoning Compliance Certificate of Zoning Compliance <A> D Temporary Use Permit <A> D Variance (Zoning) Development Decisions in a Form-Based Code District Development Decisions in All Other Districts RELIEF Variance (Subdivision) <D> R Appeals Development Decisions in a Form-Based Code District Development Decisions in All Other Districts <D> <A> INTERPRETATIONS Interpretations 9 <A> D 1. The Design and Development Review Commission (DDRC) staff may issue a certificate of design approval as set forth in Section (a)(2)a, generally for repairs, alterations, demolition, and other minor site improvements. For major improvements and new construction, the DDRC issues a certificate of design approval after a public hearing (Section17-655(a)(2)b)). 2. Applies to shopping centers, office buildings, industrial sites, mobile home parks and apartment complexes, where the site is not subdivided into lots, blocks and streets, but includes two or more units designed or intended for separate occupancy. The Planning Commission makes a decision on a site plan. 3. Planning Commission staff reviews and comments on the sketch plan; if a sketch plan is disapproved or the applicant disagrees with staff-suggested changes, the applicant may submit the sketch plan to the Planning Commission for a final decision. <D> 8 <A> 8 D D II-10

23 CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS FORM BASED CODES DESIGN DEVELOPMENT REVIEW COMMISSION CITY ENGINEER ZONING ADMINISTRATOR LAND DEVELOPMENT ADMINISTRATOR PLANNING COMMISSION STAFF DESIGN DEVELOPMENT REVIEW COMMISSION STAFF II. Diagnosis TABLE (A) CURRENT DEVELOPMENT REVIEW PROCEDURES, CITY OF COLUMBIA D = DECISION R = RECOMMENDATION A = APPEAL <> = PUBLIC HEARING PROCEDURES 4. Minor subdivisions do not involve the platting, construction or opening of new streets, water or sewer facilities, storm drainage systems, or improvements to existing streets. They are reviewed by the Planning Commission as a final plat. Sketch plans and preliminary plats are not required. The City Engineer may require a service connection plan and a grading plan. 5. In the current regulations trees removed on public property must obtain a Forest Practices Permit. There are also standards related to commercial timber harvesting, but there is no permit procedure. 6. The current regulations have standards related to signs; however a sign permit procedure is not codified. Signs proposed in architectural protection districts are reviewed by DDRC staff for compliance with applicable design standards, then reviewed by the Zoning Administrator for compliance with the sign standards. 7. Development in flood protection areas require review and certification by the City Engineer prior to review by the Zoning Administrator. The City Engineer reviews proposals for environmental and safety compliance for filling and special exception uses in locations designated as (-FW), and permitted and special exception uses in locations designated as (-FP). 8. The Board of Zoning Appeals Form Based Codes reviews variances and makes decisions on appeals when the property is governed by a form-based code established in accordance with S.C. Code This procedure is currently in use even though it is not codified. This table and our independent review of the procedures indicate that: Procedures are scattered throughout the regulations; There is no table that summarizes procedures; There are no standard review procedures; Some procedures being used are not currently codified; Some procedures overlap and can be consolidated; Other procedures are not needed and can be deleted; and Several new procedures need to be added to address Plan Columbia goals, modernize the development review process, and incorporate zoning best practices Recommendations for Streamlining To address these issues, we make the following recommendations for the city s consideration: Consolidate all development review procedures into one article, Article 2: Administration, as shown in Part III, Annotated Outline of the New Unified Development Ordinance. Establish a set of standard procedures, which: II-11

24 II. Diagnosis Establishes provisions for holding optional neighborhood meetings for more complex development applications; Requires pre-application conferences for more complex development applications; Clarifies when an application is complete, and when formal review timelines are initiated; and Consolidates public notice requirements. Streamlines and modifies certain application-specific review procedures. The streamlining recommendations are shown in Table (B), Proposed Development Review Procedures, and discussed in more detail following the table. II-12

25 CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS FORM-BASED CODE S DESIGN DEVELOPMENT REVIEW COMMISSION CITY ENGINEER ZONING ADMINISTRATOR LAND DEVELOPMENT ADMINISTRATOR II. Diagnosis TABLE PROPOSED DEVELOPMENT REVIEW PROCEDURES, CITY OF COLUMBIA D = DECISION R = RECOMMENDATION A = APPEAL <> = PUBLIC HEARING PROCEDURES DISCRETIONARY APPROVALS Text Amendment <D> R R Zoning Map Amendment <D> R R Planned Unit Development R <D> R (PUD-G and PUD-TND) Historic Districts and Landmarks R <D> R R Designation (Amendment) Design Districts Designation (Amendment) <D> R R Special Exception Permit <D> <D> 1 Development Agreement <D> <R> Certificate of Design Approval Historic Districts and Landmarks (Consolidated) Major HISTORIC PROPERTIES AND ARCHITECTURAL REVIEW Minor <A> D Certificate of Design Approval Design District (Consolidated) Major Minor <A> D SITE DEVELOPMENT Site Plan (New) Major D R R Minor A R D LAND DEVELOPMENT (SUBDIVISION) Major Plat Sketch Plan A D Preliminary Plat <D> R R Final Plat A D Minor Plat Final Plat A D PERMITS Conditional Use Permit (New) <A> D Tree Removal Permit (New) <A> D Forestry Permit <A> D Sign Permit (New) <A> D Temporary Use Permit <A> D Zoning Permit <A> D <D> <D> R II-13

26 CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS FORM-BASED CODE S DESIGN DEVELOPMENT REVIEW COMMISSION CITY ENGINEER ZONING ADMINISTRATOR LAND DEVELOPMENT ADMINISTRATOR II. Diagnosis TABLE PROPOSED DEVELOPMENT REVIEW PROCEDURES, CITY OF COLUMBIA D = DECISION R = RECOMMENDATION A = APPEAL <> = PUBLIC HEARING PROCEDURES Administrative Adjustment (New) <A> D Variance Zoning Land Development (Subdivision and Site Plan) Appeals Zoning (Land Development (Subdivision and Site Plan) Interpretations (New) <D> A RELIEF <D> <A> INTERPRETATIONS Zoning <A> D Land Development (Subdivision and Site Plan) <A> 1. The Board of Zoning Appeals Form-based Codes hears appeals to determinations regarding the Bull Street Planned Unit Development (PUD). R D Consolidate Procedures into One Article As discussed in Section 1.1, Make the Structure and Format More Logical and Intuitive, we suggest locating all procedures for development review in one article, Article 2: Administration. The article would include standard procedures common to all development applications, as well as review standards and any special rules for individual development applications (where relevant) Establish a Set of Standard Procedures As noted earlier, the procedures for the review of development applications are scattered throughout the current regulations. In many instances, the elements common to the development review process are addressed separately for each different type of development application, resulting in redundancy and inconsistencies. To address this problem, modern codes establish a set of standard review procedures that apply to all development applications. We suggest a set of standard procedures that addresses review requirements relevant to all development applications be included in the II-14

27 II. Diagnosis rewritten regulations. The types of procedural requirements included in the standard procedures section would address: Who has authority to submit applications; Pre-application conferences; Notification of neighbors and other interested parties about the application; Neighborhood meetings; Application fees and schedule; Completeness determination provisions; Rules governing preparation of the staff report; Public notification and public hearing requirements; Deferral and withdrawal of applications; Procedures for review and approval of applications by staff, the review boards, and the City Council (including the imposition of conditions of approval); Appeals; Post-decision actions and notifications; Amendments; and Expiration and lapse of approval. The current regulations include some of these provisions, but they are established under individual development application procedures. Relevant to the rewrite, we highlight below several of the standard procedures that are completely new, or that we believe are important to include in the new regulations to support a more consistent and efficient development review process (A) Neighborhood Meetings A neighborhood meeting is a public participation technique that can help identify and resolve development-related issues early in the review process. Ideally, these meetings occur prior to pre-application conferences (see Section (B), Pre-application Conference, below) and provide a framework for a development applicant to meet on a more informal basis with neighbors and land owners surrounding a proposed development. The purpose of the neighborhood meeting is for the applicant to educate neighbors about the project and hear neighbors concerns. In many instances, concerns can be resolved early in the process, and there is less conflict at the public review stages of the application. II-15

28 II. Diagnosis The timing and requirements for neighborhood meetings vary across communities; however, the underlying goal of the neighborhood meeting is to keep neighborhoods and applicants informed of one another s perspectives, have them talk about it, and resolve their differences. In some communities, the neighborhood meeting is optional, or encouraged. If the applicant decides to proceed with the neighborhood meeting, parameters are established in the regulations about how notice is to be given and how the meeting is conducted. In most codes, where neighborhood meetings are required, they are usually required to be conducted either prior to submission of an application or prior to completion of the staff report on the application. In other instances a neighborhood meetings might not be required, but the code authorizes the Zoning Administrator to require an applicant to conduct a neighborhood meeting prior to completion of the staff report if the development proposal is anticipated to generate a certain level of impact on adjacent lands, roads, or public facilities. We recommend the city consider incorporating an optional pre-application neighborhood meeting provision in the regulations. It would encourage applicants of certain types of applications to conduct neighborhood meetings, but would not require them. Although the provision would be optional, applicants choosing to hold a neighborhood meeting would need to follow established procedures that describe how the meeting will be conducted. This helps ensure the public is notified in advance, and ensures that a predictable and consistent meeting format is followed. The procedures would require: The applicant be responsible for conducting the meetings and notify affected land owners and organizations at least one week in advance; 3 The meeting be conducted before the application is submitted; The applicant explain the development proposal and provide attendees an opportunity to ask questions and voice any concerns; and 3 City staff would assist the developer with some of the logistical aspects of notification as appropriate, for example by providing mailing lists. II-16

29 II. Diagnosis Meeting(s) be held in close proximity to the project site and at a time when neighbors could reasonably attend (usually after 6 pm during the weekday). Informal resolution of any outstanding issues would be encouraged. The city may also consider requiring that a written summary of the neighborhood meeting(s) be prepared by the applicant and be made part of the application (B) Pre-application Conference Although pre-application conferences are regularly conducted by city staff, the current regulations do not include a general pre-application conference requirement. 4 We recommend the city continue this practice, but that the regulations require pre-application conferences for more complex development proposals, such as: Zone district map amendments, and historic and design district designations; Planned unit developments; Major subdivisions of a certain size; Major site plans of a certain size; and Special exceptions of a certain size. Pre-application conferences would be encouraged for other applications. The provision would also clarify the purpose of such meetings, set basic ground rules if a pre-application conference is conducted, and explain the effect of the meetings (i.e., discussions are not binding on the city and processing times do not start until a formal application is submitted and accepted) (C) Application Completeness Determination Although the city s current regulations include guidelines describing what should be included in a development application, 5 the regulations do not include formal application completeness provisions. 6 Interestingly, the advantage of confirming receipt of a complete application submittal package is indirectly described as part of the purpose statement for a pre-application meeting in the PUD regulations. However, it is not explicitly referred to as an 4 Except for planned unit developments. 5 Section 17-83(b) includes a list of submittal items for a zoning permit application (we recommend these guidelines be placed in a Procedures Manual see Section, 1.6, Use a Procedures Manual). 6 The term completed application is used in Section (c), Preliminary Certification Process for Special Property Tax Assessments For Rehabilitated Historic Properties), but is not defined. II-17

30 II. Diagnosis application completeness determination, and is not required for other application processes. We recommend this become an explicit requirement in the review process, and be included in the procedures. Not having such a process in place can slow down application review, as missing information results in applicants being required to go back and provide the appropriate information, repeat earlier review steps, and delay permit processing time as review boards and staff conduct additional rounds of review. Experience teaches that complete application requirements are an important in ensuring the development review process operates efficiently. What this means is the new regulations would include a subsection in the standard procedures authorizing the Zoning Administrator to review submitted applications to determine whether they are complete. The provision would apply to all development applications and state that application processing does not begin until after a formal determination that the application is complete. Completeness means all relevant and appropriate application submittal requirements are received and fees paid. The provision would establish that the Zoning Administrator needs a specific number of working days to review and make a completeness determination. After this initial application determination period, the Zoning Administrator returns the application to the applicant with a determination of whether the application is complete, and only then does processing of the application begin. If an application is determined incomplete, the Zoning Administrator will provide written notice of the deficiencies. The applicant is then given a specific amount of time within which to resubmit a revised application; if it is not submitted within that timeframe, the application is considered withdrawn. The clock does not start running for staff review of an application until the application is determined complete. Once accepted, there is an expectation that the review will progress at a reasonable pace (D) Consolidated Public Notification Requirements Public notification requirements occur in multiple places within the current regulations because they are included in the individual procedures set down for the different types of development applications. All public notification requirements should be consolidated into one subsection in the standard procedures section, and shown in a table, to the extent possible. During the drafting of consolidated public notice requirements, the required days of II-18

31 II. Diagnosis advance notice and when public documents will be available should be made consistent, if possible. An example of how this was done in another community s code and how it is proposed to be done in the new regulations is shown on this page. In addition, notification requirements should take advantage of new technology. Where published or mailed notice is not required by state law, the city should notify the public by using online technology such as or similar tools that are more effective and less wasteful than traditional print notification. As computers, tablets, and smartphones become more common, the need (except when required by state law) to send mass mailings or print publications diminishes (E) Application-Specific Streamlining Efficient development review procedures make a development code more user-friendly. Our review of Columbia s current procedures suggests there is opportunity to improve procedural efficiency by streamlining several review procedures, deleting several procedures, and creating several new ones. The proposed changes are identified in Table (B) Proposed Development Review Procedures, City of Columbia, and summarized below (E)(1) Consolidate Planned Unit Development Procedures Planned unit developments ( PUDs ) are intended to offer applicants flexibility to modify the zone district regulations and development standards in return for innovative design, greater development quality, and in some instances community benefits. Currently the city has three types of Planned Unit Developments: Planned Unit Development Residential (PUD-R), Planned Unit Development Commercial (PUD-C), and Planned Unit Development-Large Scale (PUD-LS). 7 Each includes its own set of review procedures. 7 Both the PUD-R and PUD-C allow a mix of residential and commercial uses; however, in the PUD-R district the residential uses are intended to be the primary use type, and in the PUD-C district commercial uses are intended to be the primary use type. II-19

32 II. Diagnosis We suggest that based on best practices, the PUDs that are carried forward should be modernized, refined, and better integrated into the amendment procedures. 8 In addition: One set of PUD procedures should be established that apply to all PUDs; The regulations should clarify that PUDs are approved as rezonings; PUD provisions should be moved to Article 17-3:, Zone Districts, and PUD procedures should be located in Article 17-2:, Administration; The PUD procedures should include a set of review standards that require approval of a development plan and PD Agreement (terms and conditions) concurrent with the rezoning; and The PUD procedures should clearly establish which development standards may be varied and which standards may not (E)(2) Add a Conditional Use Permit In accordance with S.C. Code , local governments are authorized to create a category of conditional uses that impose additional conditions, restrictions, or limitations on an allowed use that are in addition to the restrictions applicable to other uses in the zone district. Like the special exception, the conditional use is generally compatible with the other uses permitted in a zone district, but may require specific limitations placed on its location, design, configuration and density or intensity of use. State statute requires that the conditions, restrictions or limitations must be set forth in the text of the regulations. Unlike the special exception, the conditional use is reviewed and approved administratively. We suggest adding a conditional use permit in the new regulations, and that it authorize the Zoning Administrator to review and approve, approve with conditions, or disapprove the conditional use permit (E)(3) Streamline Land Development (Subdivision) Procedures There are currently two types of subdivision review procedures major and minor with separate procedural requirements. We suggest they be carried forward, but refined as follows: Clarify that the Land Development Administrator is authorized to administer land development (subdivision); 8 It is recommended that the new zone district structure include two PUDs: PUD General (PUD-G), and PUD-Traditional Neighborhood Design (PUD-TND). See Section (C), Planned Unit Development Districts. II-20

33 II. Diagnosis Authorize the Land Development Administrator to make decisions on final plats (instead of the Planning Commission), since the review and decision on a final plat is highly technical in nature; 9 Subject preliminary plats to a public hearing with the Planning Commission, which allows for timely public input; 10 Add more specific review standards to variance provisions, 11 so that review for land development (subdivision) variances is not so openended; Delete the experimental developments procedure 12 in the current regulations; Carry forward cluster provisions 13 but locate these provisions in zoning, rather than the land development (subdivision) regulations; Replace group development 14 with a single site plan review procedure (see Section (E)(6), Create a Single Site Plan Review Procedure); and Carry forward and broaden the threshold for minor subdivisions, consistent with state law In accordance with the S.C. Code, the Planning Commission is the review body for decisions related to division of land. The statute includes a provision that allows the Commission to delegate decision-making authority to staff. In such circumstances, the Planning Commission becomes the appeal body. 10 A public hearing with the Planning Commission is not explicitly required by state law (see plat review procedures in S.C. Code ); however, a public hearing is required in order for the Planning Commission to certify the creation of new streets (S.C. Code ). Since a major subdivision typically involves the creation of new streets anyway, we suggest incorporating this provision directly into the major subdivision review procedures, and that it occur at the preliminary plat stage, which allows the developer to make any adjustments (per any public comments, for example) prior to submitting a final plat. 11 See Article IV, Subdivisions, Section : Variances, in the current regulations. 12 See Article IV, Subdivisions, Division 6: Experimental Developments, in the current regulations. 13 See Article IV, Subdivisions, Division 5: Cluster Housing, in the current regulations. 14 See Article IV, Subdivisions, Division 7: Group Developments, in the current regulations. 15 In accordance with S.C. Code , this includes a) the combination of previously platted lots; b) the division of land into parcels of five acres or more where no new street is involved; and c) the combination or recombination of entire lots of record where no new street or change in existing streets is involved. II-21

34 II. Diagnosis (E)(4) Add a Development Agreement Procedure Development agreements are agreements voluntarily entered into by a developer of land and a local government having land use regulatory powers over the development of land. They can be effective in managing the implementation of complex developments built over several years, helping to clarify such matters as the identification and management of environmentally sensitive lands, the provision of infrastructure and public facilities, and their coordination with the staging of development. Although the city has used this tool in the past, the current regulations do not include procedures for development agreements. We suggest provisions be included in the rewritten ordinance, in the event that the city wishes to use utilize the development agreement process again in the future. The provisions would include standards that must be followed by the city and the developer/landowner in entering into a development agreement, and would closely follow the requirements in S.C. Code Development agreements are generally authorized by S.C. Code , the South Carolina Development Agreement Act. This procedure sets out the rights and responsibilities of a developer and the city in entering into a development agreement and the limitations on the city and developer. II-22

35 1.7.4 (E)(5) Add an Administrative Adjustment One of the recurring themes during the stakeholder interviews was the need for flexibility in application of some of the dimensional and development standards as a means of encouraging development or redevelopment. A tool many communities use for this purpose is an administrative adjustment. The administrative adjustment allows minor adjustments (e.g., by 10 or 15 percent) from dimensional standards (like a setback or height requirement) or development standards (like the amount of required parking) if the adjustment does not detrimentally affect the character of the area or surrounding lands, does not have an adverse impact on surrounding lands, and results in development that conforms with the general intent of the district where the adjustment is proposed. II. Diagnosis Administrative adjustments are typically used to adjust setbacks by a minor amount as a means of protecting resources, adjust height limits for greater compatibility, or preserve local development contexts like building façade rhythms. In addition to clear standards of approval, the procedure includes specific expiration and amendment standards to help ensure the provision is not abused. These kinds of minor departures from standards are reviewed and approved administratively by the Zoning Administrator based upon an established set of clear and measurable criteria. They are accomplished outside of the variance process, and as such, do not require the applicant to demonstrate hardship. We recommend the city consider adding an administrative adjustment procedure in the rewritten regulations (E)(6) Create a Single Site Plan Review Procedure It appears in the current regulations that site plan review takes several different forms. 17 We recommend the city consider establishing a twotiered site plan review procedure that would consolidate all current site plan procedures into a major and minor site plan review procedure. 17 There are currently several different procedures providing varying types of site plan functions, for example: group developments; flexible site development; cluster development; experimental development; multiple use areas; and mobile home parks. II-23

36 II. Diagnosis Major site plans would be reviewed by the Site Plan Review Team, as would selected minor site plans. Major site plans would be reviewed and decided by the Planning Commission, and Minor site plans would be reviewed and decided administratively, by the Land Development Administrator. Thresholds for major and minor site plans would be established during the drafting stage (E)(7) Clarify Map Amendment Procedure for Historic and Landmark Districts and Design Districts The current regulations include one set of procedures for designating and mapping each of the city s five historic and landmark designations. 18 However, there is not a similar procedure for designating and mapping the four design districts. 19 Consequently, it is unclear which procedure is used to establish the design district designations. Additionally, it is not clear once the designations occur for any of these districts, which special review requirements development within the overlay districts must comply with. We recommend establishing two sets of procedures for zone map designations: one for historic districts and landmark designations and another for design district designations. The historic district and landmark designation procedure would carry forward existing review standards for the five sub-districts of historic and landmark designations. Both procedures would be reviewed and approved as map amendments in order to formally establish an overlay on the zoning map (see Table (B), Proposed Development Review Procedures, City of Columbia). Additionally, the procedures will clarify that once the designations occur, development within the overlay districts must comply with the additional development and design standards (including the design guidelines) of the district, as well as the special review procedures (E)(8) Consolidate Procedures for Design Review Certificates The current regulations include separate development review procedures for each of the city s four design district overlays (-ID; -NM; -5P; and DD), and 18 They include: Landmark; Landmark District; Architectural Conservation District; Historic Commercial District; and Protection Area. 19 They include: Innovista (-ID); North Main Corridor (-NM); Five Points (-5P); and City Center (-DD). II-24

37 II. Diagnosis the historic and landmark district overlay (-DP). We suggest the city consider consolidating these provisions into two procedures: a certificate of development approval for design districts, and a certificate of development approval for historic districts. Consistent with current practice, there would be a major and minor threshold for both procedures. The minor certificate would be reviewed and approved by the Zoning Administrator, and the major certificate would be decided by the Design Development Review Commission. 20 Review standards for historic districts, landmarks, and design districts would be carried forward and integrated into the consolidated procedures; applicable landmark, historic, and design guidelines would be carried forward (E)(9) Delete Certificate of Zoning Compliance and Temporary Certificate of Zoning Compliance Permits Currently the certificate of zoning compliance and temporary zoning compliance procedures are separate administrative procedures that are required to be approved after construction on a site is completed, but before a certificate of occupancy is approved. The purpose of the permits is to ensure that the construction complies with the zoning ordinance before the building is allowed to be occupied. After discussions with Planning and Development Department staff, it is recommended that these permit procedures be deleted, since any zoning compliance issues can be addressed as part of the Certificate of Occupancy review process, without requiring a separate permit procedure (E)(10) Add Tree Removal Permit There is discussion in Section 2.6.4, Strengthen Tree Protection Standards, about the city s consideration of new requirements for retention of a portion of the existing tree canopy. If added to the regulations, we suggest compliance with tree protection standards on private lands would best be reviewed and addressed during site plan and subdivision review. Because such standards are based on existing tree canopy cover in place at the time of application for a site plan or subdivision, communities that do have such regulations have found it necessary to include a Tree Removal Permit procedure that governs tree removal on vacant sites outside of the traditional development review process, to ensure tree canopy is not removed prior to initiation of development. If such a permit process did not exist, a potential applicant could simply cut the trees on the site that the regulations are protecting, then submit an application for development (avoiding the tree protection provisions). 20 Thresholds would be proposed during the code drafting stage. II-25

38 II. Diagnosis This section would establish the requirements and exemptions for obtaining a tree removal permit (through administrative review and approval) on vacant unplatted lands when there are activities that result in the removal of tree canopy, but do not trigger traditional development review. The amount of tree canopy required to be retained would mimic the general tree retention requirements of the regulations, which is applied to all development. The section would also clarify that some uses and types of lands (e.g., silviculture, agriculture, platted lands of less than one acre, or clearing of up to one acre on unplatted lands) are exempt from the requirements to obtain a tree removal permit (as well as land with subdivision or site plan approval). The standards might also place limits on successive clearing, establish mitigation/reforestation standards for sites where trees may not practically be retained or where they are inadvertently damaged, and remedies for willful violations of the requirements to obtain a permit. Remedies might include fines, accelerated planting standards, and a mandatory waiting period for subsequent development applications on a site that is cleared in violation of the regulations (E)(11) Add Procedure for Sign Permit We recommend adding permit procedures for the sign standards in the current regulations (which would be carried forward). The permit would be decided by the Zoning Administrator (E)(12) Add an Interpretation Procedure Even though the Zoning Administrator currently makes interpretations about the zoning regulations, and the Land Development Administrator makes interpretations about land development (subdivision) regulations, there is no procedure for interpretations. Based on our experience in other communities, we recommend that a formal process be established for interpretations and that it identify: 1) the Land Development Administrator as the person responsible for interpreting land development (subdivision) and site plan standards and related issues; and 2) the Zoning Administrator as the person responsible for making interpretations on all other provisions in the ordinance (after consultation with city staff and the city attorney). The Land Development Administrator s decision may be appealed to the Planning Commission. The Zoning Administrator s decision may be appealed to the Board of Zoning Appeals. The procedure should require interpretations to be made in writing, and then compiled in a book of interpretations as a permanent record of the interpretation. This approach helps ensure consistent application of the regulations over time and helps to limit interpretation shopping by prospective development applicants. II-26

39 Theme 2. Implement Plan Columbia 2.1 INTRODUCTION AND PLAN COLUMBIA FRAMEWORK II. Diagnosis In March 2015, Columbia adopted the Plan Columbia Land Use Plan, which updates the future land use chapter of the city s comprehensive plan. 21 The update establishes a future vision for the physical development of the city, and is intended to provide clear direction for the zoning and land development (subdivision) regulations rewrite. 22 Plan Columbia includes two major components that set the foundation for desired future growth patterns and provide guidance for modifying the development regulations to implement the plan. The first component is the Planning Context, which describes trends shaping current land use. The second is the Land Use Plan, which includes recommendations for the community s future growth and development. The Planning Context highlights the rate and intensity of current and future growth that Columbia will need to accommodate, and the vision and guiding principles that set the foundation for specific policy recommendations. The Land Use Plan recommends modifications to the zoning ordinance and land development (subdivision) regulations based on the Planning Context (see next section), guiding principles, and future land use map. 21 The full Comprehensive Plan is titled, The Columbia Plan The planning process for Plan Columbia began in early 2014, and included substantial community outreach, stakeholder involvement, and coordination with Richland County. The plan incorporates recommendations from Walk Bike Columbia, updated transit and route planning for the COMET (central midlands transit), and the city s downtown parking study. Information about the Plan Columbia process can be found on the project web site, which is also being used to collect and distribute information related to the rewrite at: II-27

40 II. Diagnosis Planning Context As part of the Plan Columbia process, a snapshot analysis was performed to identify key forces and trends shaping the city s physical development. They are: A strong demand for a range of housing options. Due to anticipated growth (35,000-59,000 new residents by the year 2040), a household size that is smaller than the county or region as a whole, 23 and varied ownership patterns. More redevelopment than new development. Due to anticipated growth coupled with a limited supply of vacant land. Together this dynamic means much of the city s future growth will need to be accommodated through redevelopment and infill at greater intensities. Additionally, because there are still some individual vacant lots, lot consolidation and land division will continue to be an important part of the redevelopment process. Areas needed for more intense residential development. Maximum density in the city s residential neighborhoods is about four units an acre. These neighborhoods make up a significant portion of land. An important city goal is to protect their character. At the same, a growing population will require housing, so it will become necessary to find appropriate areas for residential intensification. Plan Columbia workshops resulted in the development of several key themes that will likely shape the way Columbia looks in the future. These key themes ultimately led to the development of a future vision statement and guiding principles. The guiding principles, which articulate the community s future desires and expectations for future growth and development, informed the policy direction established in the Land Use Plan. The guiding principles identify the following key features of future growth and development: High quality design of the built environment public and private architecture, streetscape, corridors, gateways and edges that distinguish the city s physical realm. Strong neighborhoods with distinct identities and amenities within walkable distances. A connected greenway system that links waterways and environmental corridors and reaches into neighborhoods. A range of housing choices type, price, and location that serves a diverse population. 23 In 2010, 38 percent of the city s households were single-person households. II-28

41 2.1.2 II. Diagnosis A strong city center with increased intensity, a mix of uses, and a vibrant and active public realm. Better utilization of vacant structures and land through infill and redevelopment that is well-served by infrastructure and adjacent to developed land. Greater intensity of development at strategic locations that creates a mix of uses and a critical mass required for a vibrant community. A connected community with ease of mobility that better balances the needs of pedestrians, automobiles, bicyclists, and transit users. The Land Use Plan Based on the Planning Context and the guiding principles, the Land Use Plan establishes policies for future growth and development, and a future land use map that translates these policies into a more concrete development vision for the community. Consistent with the guiding principles, this future vision focuses on zoning strategies that: Maintain strong neighborhoods and protect their character; Support an economically vibrant and walkable city center; Provide for a broad range of housing choices; Better utilize vacant structures and land through actions to support and encourage infill redevelopment and adaptive reuse; Support greater intensity of development at strategic locations, like activity centers, around the downtown, and along established corridors; Result in a higher quality of design generally; Ensure development patterns that are well connected and support multiple modes of travel; and Encourage and support sustainable/green building practices. II-29

42 II. Diagnosis Zoning strategies to implement Plan Columbia and the future land use map (see Appendix B, Columbia Future Land Use Map) are discussed in more detail in the next section and subsequent sections of this diagnosis. They emphasize: Reorganizing and modifying the zone district structure; Modifying and customizing the development standards; Modifying the regulations to support and encourage infill redevelopment; and Revising the regulations to support sustainable/green building practices. 2.2 REORGANIZE AND MODERNIZE THE CURRENT ZONE DISTRICT STRUCTURE Zone districts and allowable uses are core components of development regulations. Based on Plan Columbia stakeholder feedback, public comments received during the rewrite project kick-off, and our independent review of the current regulations, we recommend significant reorganization and modernization of the current zone districts. The result is a zone district structure that is aligned with the Plan Columbia policy recommendations and more efficient to administer. The key elements of the restructured districts include: Carrying forward the existing single-family districts, with refinements, that are important to maintaining the character of the city s residential neighborhoods; Establishing residential mixed-use districts that provide the opportunity for the city to support higher density residential development at strategic locations; Establishing a set of activity center and corridor districts that that are appropriately scaled to regional, community, neighborhood, and corridor applications and that can be used to support higher density and walkable urbanism at the strategic locations identified by Plan Columbia; Establishing a set of institutional districts to accommodate the unique institutional uses in the city, like the University of South Carolina, Riverbanks Zoo and Gardens, Fort Jackson, and large medical complexes; II-30

43 II. Diagnosis Carrying forward and refining the downtown, design, and historic districts, in ways that will continue to support their character and growth; and Incorporating flexibility provisions and other zoning tools to more strongly support infill redevelopment that is consistent with the desired character. In considering how best to restructure the zone districts, a systematic evaluation was conducted. It involved: First, evaluation of the current zone district structure; Second, evaluation of the Plan Columbia land use policy direction and future land use classifications; and Third, consideration of the other key goals for the update project, in particular the desire to make the current regulations more userfriendly and efficient. Based on these considerations, a proposed structure for the zone districts in the rewritten regulations is outlined and discussed in Section 2.2.2, Proposed Zone District Structure. It also includes suggestions for how to reorganize and simplify the system for classifying and establishing uses and use-specific regulations (Section 2.5, Identify and Classify Uses in a Simpler and More Flexible Way) and how to improve the organization of zoning regulations (Section 2.3, Modernize Format and Organization of Zone Districts) Overview of Current Zone Districts The current zoning ordinance includes 42 zone districts referred to as residential, commercial, industrial, and other. The residential, commercial, and industrial districts are commonly known as base districts, while the districts listed in the other category are sometimes known as special purpose districts. 24 The current zoning ordinance has 24 base zone districts and 18 special purpose districts. Although the total number of zone districts is not excessive compared to other cities of a similar size, some of the base districts and special purpose districts are not consistent with Plan Columbia direction and do not promote desired development patterns. A significant portion of the zone districts were established many years ago, when development patterns, housing preferences, and market conditions, were quite different than today. Consequently, they are out-of-sync with the community vision for a 21st century city, as established in Plan Columbia. Additionally, some districts are obsolete and others are redundant (they 24 In the current regulations, the other category contains a mix of special purpose districts, overlay districts, and planned unit development districts. II-31

44 II. Diagnosis carry out the same purpose as other districts). The current zone districts are discussed below (A) Base Districts The 24 base zone districts consist of 13 residential districts; nine commercial districts; and two industrial districts. Table 2.2.1, Current Base Zone Districts, Columbia, identifies the current base districts and includes a brief description of each. TABLE 2.2.1: CURRENT BASE ZONE DISTRICTS, COLUMBIA D-1: Development District RS-1: Single-Family Residential District RS-1A: Single-Family Residential District RS-1B: Single-Family Residential District RS-2: Single-Family Residential District RS-3: Single-Family Residential District RD: Two-Family Residential District RD-2: Mill Village Two-Family Residential District RG-1: General Residential District RG-1A: General Residential District RG-2: General Residential District RG-3: Townhouse and High-Rise Residential District UTD: Urban Transitional District C-1: Office and Institutional District C-2: Neighborhood Commercial District C-3: General Commercial District Residential Intended to provide for large tracts of land located primarily on the fringe of urban growth where the predominant character of urban development has not yet been fully established, but where the current characteristics of use are predominantly residential, agricultural or similar development, with scattered related uses. Intended as single-family residential areas with detached units with low to medium population densities. Use regulations for the single-family districts are identical, but contain varying classes of lot width and lot area, and these dimensional differences are intended to be preserved. Intended as one- and two-family residential areas with attached and detached units with medium to high population densities. RD-2 is intended for use only in Historic Mill Village areas and only shall be applied where more than 50 percent of the parcels retain the original Mill Village residence. Intended as medium and high density residential areas permitting progressively higher population densities, characterized by single-family detached, two-family detached and multiple-family structures, and garden type apartments. Intended as a medium to high density residential area characterized by townhouses and high-rise structures. Intended to accommodate uses typically found in single-family areas undergoing transition to commercial office uses. Commercial Intended to accommodate office, institutional, and certain types of residential uses in areas whose characteristic is neither general commercial nor exclusively residential in nature. Intended to accommodate commercial and service uses oriented primarily to serving the needs of persons who live or work in nearby areas. Intended to accommodate a variety of general commercial and nonresidential uses characterized primarily by retail, office and service establishments and oriented primarily to major traffic arteries or extensive areas of predominantly commercial usage II-32

45 TABLE 2.2.1: CURRENT BASE ZONE DISTRICTS, COLUMBIA and characteristics. II. Diagnosis C-3A: General Commercial Overlay District C-4: Central Area Commercial District C-5: Central Business District C-6: Limited Commercial District MX-1: Mixed-Use Corridor/Neighborhood District MX-2: Mixed-Use Urban District M-1: Light Industrial District M-2: Heavy Industrial District Intended to accommodate a variety of general commercial and nonresidential uses characterized primarily by retail, office and service establishments. It is oriented primarily to major traffic arteries or extensive areas of predominantly commercial use and characteristics. Intended to accommodate retail, office, service and distribution uses generally benefitting by location in the central area of the city, and generally complementary to uses and characteristics of use ordinarily found in the retail core or central business district. Intended to accommodate those uses which, taken together, form the central business district, characterized by retail core uses, intensive office employment, and complementary uses intended to serve persons who shop or work in the central business district. Intended to accommodate those uses which complement the existing commercial character of shopping areas which serve a unique and special function within the city. This district is characterized by a strong core of small businesses and a mixture of various types of eating and drinking establishments. It is the intent of this article that the C-6 district classification be applied to one contiguous and continuous area. Intended to accommodate the development of a wide range of residential and compatible nonresidential uses along corridors and in neighborhood commercial contexts. To promote development that exhibits the physical design characteristics of pedestrian-oriented streets, the district provides flexibility from conventional use and bulk requirements of other zone districts. Intended to accommodate the development of a wide range of commercial, research, residential, retail, and university uses in an urban mixed-use context. To promote development that exhibits the physical design characteristics of pedestrian-oriented streets, open space and parks, along with mixed uses and urban densities, the district provides flexibility from the conventional use and bulk requirements of other zone districts. The intent of this article is that the MX-2 district classification be applied only within the urbanized region of the central business area. Industrial Intended to accommodate wholesaling, distribution, storage, processing, light manufacturing and general commercial uses. Intended to accommodate primarily those uses of a manufacturing and industrial nature, and secondarily those uses which are functionally related thereto such as distribution, storage and processing. General commercial uses are allowed but are considered II-33

46 II. Diagnosis TABLE 2.2.1: CURRENT BASE ZONE DISTRICTS, COLUMBIA incidental to the predominantly industrial nature of the district (B) Special Purpose Districts There are 18 special purpose districts. They include overlay districts, design districts, planned unit development districts, and other miscellaneous special purpose districts (an airport district, two flood protection districts, a community character district, and four sign overlay districts). Appendix C, Current Special Purpose Districts, identifies the current special purpose districts and provides a brief description of each. While many of these districts serve important purposes, there is some overlap among some of the districts, and they could be more logically organized Proposed Zone District Structure Based on the evaluation of the current zone district structure, Plan Columbia policy direction, and a key goal for the rewrite project of making the current regulations more user-friendly and efficient, we suggest the zone district structure in the rewritten ordinance be modified as outlined in Table 2.2.3, Proposed Zone District Structure. The table organizes the zone districts into the following groups: Base districts Residential Districts Activity and Corridor Districts Institutional and Campus Districts Industrial Districts Overlay Districts Planned Unit Development Districts So the reader can easily compare the current zone structure to the proposed structure, the first column in the table outlines the current zone districts and the second column shows the proposed zone districts. Where current zones are proposed to be deleted or several zones consolidated, that is noted; where new zones are proposed, that is also noted. The listing of the zone districts under each group generally starts with the least intense zones, extending to the highest-intensity zones. So the reader can relate the proposed zone structure to the policy direction in Plan Columbia, the final II-34

47 II. Diagnosis column in the table shows the corresponding Plan Columbia development types that are being implemented by the proposed zone districts. The key changes to current zone district structure involve either: Deletions of districts, in the case of obsolete districts or location-specific districts whose controls can be addressed in general zone district regulations or through development standards; New districts that are generally needed to implement Plan Columbia policy direction; and District consolidations, in instances where two or more districts generally serve the same purpose and have similar use regulations and dimensional standards. The proposed changes to the current zone district structure are shown in Table 2.2.2, Proposed Zone District Structure, and then discussed in further detail following the table. TABLE 2.2.2: PROPOSED ZONE DISTRICT STRUCTURE Current Zone Districts Proposed Zone Districts RESIDENTIAL DISTRICTS Plan Columbia Development Types D-1: Development District LL-R: Large Lot - Reserve -- RS-1: Single-Family Residential District RSF-1: Residential Single RS-1A: Single-Family Residential District Family - Large Lot UER-2: Urban Edge Residential Large Lot RS-1B: Single-Family Residential District RS-2: Single-Family Residential District RSF-2: Residential Single Family - Medium Lot UER-2: UER-1: Urban Edge Residential Large Lot Urban Edge Residential Small Lot RS-3: Single-Family Residential District RSF-3: Residential Single Family - Small Lot UCR-1: UCR-2: Urban Core Residential Small Lot Urban Core Residential Large Lot RD: Two-Family Residential District RD: Residential Two-Family -- RD-2: Mill Village Two-Family Residential District RD-MV: Residential Two-Family - Mill Village -- RM-S: Residential Mixed - Small Scale (New) UCR-1: UCR-2: Urban Core Residential Small Lot Urban Core Residential II-35

48 II. Diagnosis TABLE 2.2.2: PROPOSED ZONE DISTRICT STRUCTURE Current Zone Districts Proposed Zone Districts Plan Columbia Development Types RG-1A: General Residential District RM-M: Residential Mixed - Medium Scale RG-1: General Residential District MU-L: Mixed-Use - Low Density RG-2: RG-3: UTD: General Residential District Townhouse and High-Rise Residential District Urban Transitional District MU-M: Mixed-Use - Medium Density MU-H: Mixed-Use - High Density DELETE ACTIVITY AND CORRIDOR DISTRICTS AC-N: Activity Center - Neighborhood (New) AC-C: Activity Center - Community (New) AC-R: Activity Center - Regional (New) C-1: Office and Institutional O-I: Office and Institutional -- C-4: Central Area Commercial District AC-D: Activity Center: Downtown Large Lot UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed Residential UCR-1: Urban Core Residential Small Lot UCR-2: Urban Core Residential Large Lot UER-1: Urban Edge Residential Small Lot UER-2: Urban Edge Residential Large Lot UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed Residential UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed Residential UCMF: Multi-family UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed Residential UCMF: Multi-family UCAC-1: UCAC-2: UCAC-3: Urban Core Neighborhood Activity Center Urban Core Community Activity Center Urban Core Regional Activity Center SD-3: Central Business District II-36

49 TABLE 2.2.2: PROPOSED ZONE DISTRICT STRUCTURE II. Diagnosis Current Zone Districts Proposed Zone Districts Plan Columbia Development Types C-5: C-2: C-3: MX-1: Central Business District Neighborhood Commercial District General Commercial District Mixed-Use Corridor/Neighborhood District DELETE -- GC: General Commercial -- MU-CC: Mixed-Use- Commercial Corridor MX-2: Mixed-Use Urban District MC: Mixed Commercial -- C-6: C-3A: Limited Commercial District General Commercial Overlay District DELETE -- DELETE -- COR-N: COR-C: COR-R: Neighborhood Activity Corridor (New) Community Activity Corridor (New) Regional Activity Corridor (New) INSTITUTIONAL AND CAMPUS DISTRICTS I-Gen: Institutional - General (New) I-U/M: Institutional - University and Medical (New) I-Zoo: Institutional - Riverbanks Zoo and Gardens (New) I-FJ: Institutional - Fort Jackson (New) I-T/U: Institutional - Transportation and Utilities (New) INDUSTRIAL DISTRICTS -- AC-1: Neighborhood Activity Corridor AC-2: Community Activity Corridor AC-3: Regional Activity Corridor SD-2: Civic/Institutional District SD-5: Universities/Colleges SD-4: Riverbanks Zoo and Gardens SD-6: Fort Jackson M-1: Light Industrial District LI: Light Industrial IND: Industrial M-2: -AP: Heavy Industrial District Airport Height Restrictive Area HI: EC: OV-A: Heavy Industrial District Employment Campus (New) OVERLAY DISTRICTS Airport Height Restrictive Overlay -FW: Floodway Area OV-FW: Floodway Area -FP: Floodplain Area OV-FP: Floodplain Area -5P: Five Points Overlay District OV-5P: Five Points Design Overlay District TU: Transportation and Utilities IND: Industrial EC: Employment Campus II-37

50 II. Diagnosis TABLE 2.2.2: PROPOSED ZONE DISTRICT STRUCTURE Current Zone Districts Proposed Zone Districts Plan Columbia Development Types -ID: -NC: -DD: -DP: -CC: Innovista Design District North Main Corridor Design/Development District Design and Preservation Area Community Character Overlay OV- ID: Innovista Design Overlay District OV-NMC: North Main Corridor Design Overlay District OV-CC: OV-HP: City Center Design Overlay District Historic Preservation Overlay OV-GATE: Gateway Design Overlay (New) DELETE -- OV-NC-#: Neighborhood Conservation Overlay (NEW) -S: Sign Designated Area DELETE -- -CS: -AS: -FS: Collector Street Sign Overlay District Arterial Street Sign Overlay District Freeway Sign Overlay District OV-CS: OV-AS: OV-FR: Collector Street Sign Overlay District Arterial Street Sign Overlay District Freeway Sign Overlay District -MU: Multiple Use Areas DELETE -- -PD: Planned Development Area PUD-R: Residential Planned Unit Development District PUD-C: Commercial Planned Unit Development District PUD-LS: Large-scale Planned Unit Development District PUD-LS: Large-scale Planned Unit Development DELETE -- PLANNED UNIT DEVELOPMENT DISTRICTS PUD-G: Planned Unit Development - General PUD-TND: Planned Unit Development - Traditional Neighborhood Design (New) DELETE (A) Base Districts Connections and Design Component of Plan Columbia: Gateways and Corridors (A)(1) Residential Districts The residential districts in the proposed zone district structure are primarily intended to be applied to Columbia s established neighborhoods, which were subdivided and developed with a cohesive development pattern and housing II-38

51 II. Diagnosis types. While the existing single-family districts are generally carried forward (and renamed), there are some modifications to other residential districts to support and encourage infill and redevelopment that is compatible with existing character of the districts, along with a slight increase in the range of housing types allowed (two and three family; limited multi-family) and in some instances allowance for small-scale, neighborhood-serving commercial uses at key locations. The current line-up of nine residential base zone districts is proposed to be increased to 11. More specifically: The LL-R: Large Lot - Reserve district carries forward and renames the current D-1: Development District. It is a reserve district recognizing that future demand for developable land will generate requests to apply a more intensive zone district in the future to accommodate urban expansion. It is intended to be applied to large tracts of land located primarily on the edge of the city. The RSF-1: Residential Single-Family - Large Lot district consolidates and renames the current RS-1: Single-Family Residential and RS-1A: Single-Family Residential Districts. It is intended as a low-density single-family residential district. The RSF-2: Residential Single-Family - Medium Lot district consolidates and renames the current RS-1B: Single-Family Residential and RS-2: Single-Family Residential Districts. It is also intended as a low-density single-family residential district, but also allows detached units. The RSF-3: Residential Single-Family - Small Lot district carries forward and renames the current RS-3: Single-Family Residential District. It is primarily intended as a single-family residential district. The RD: Residential Two-Family district carries forward and renames the current RD: Two-Family Residential District, and it is primarily intended as a two-family residential district. The RD-MV: Residential Two-Family Mill Village district carries forward and renames the current RD-2: Mill Village Two Family Residential district. It is primarily intended as a single-family residential district, to be applied in the Historic Mill Village area. The new RM-S: Residential Mixed Small Scale district is intended to provide for small- and medium-scale multi-family development, and smallscale retail and personal service uses. A description of district character, proposed dimensional and intensity standards, allowed uses, and other II-39

52 II. Diagnosis special standards is provided in Appendix E, Proposed Standards for RM-S: Residential Mixed - Small Scale District. The RM-M Residential Mixed Medium Scale district modifies (and renames) the current RG-1A: General Residential District. It is intended to allow mixed uses primarily to serve the surrounding neighborhood, as well as small and medium-scale multi-family development. A description of district character, proposed dimensional and intensity standards, allowed uses, and other special standards is provided in Appendix F, Proposed Standards for RM-M: Residential Mixed Medium Scale District. The MU-L: Mixed-Use - Low Density district modifies (and renames) the current RG-1: General Residential District. It is intended to allow single-family detached, two-family detached, and multi-family development; garden type apartments; and small-scale retail and office uses. A description of district character, proposed dimensional and intensity standards, allowed uses, and other special standards is provided in Appendix G, Proposed Standards for MU-L: Mixed-Use Low Density District. The MU-M: Mixed-Use - Medium Density district modifies (and renames) the current RG-2: General Residential District. It is intended to allow singlefamily detached, two-family detached, and multi-family development and garden apartments with higher densities. It is distinguished from the MU-L district by allowing higher residential density (for example large-scale multifamily) and a greater mix of allowable neighborhood-serving commercial and institutional land uses. A description of district character, proposed dimensional and intensity standards, allowed uses, and other special standards is provided in Appendix H, Proposed Standards for MU-M: Mixed-Use Medium Density District. The MU-H: Mixed-Use - High Density district modifies (and renames) the current RG-3: Townhouse and High-Rise Residential District. It is intended to allow medium- to high-density residential development; it is distinguished from the MU-L and MU-M districts because it allows high-rise residential development and a greater mix of neighborhood-serving commercial, office, institutional, and entertainment uses. A description of district character, proposed dimensional and intensity standards, allowed uses, and other special standards is provided in Appendix I, Proposed Standards for MU-H: Mixed-Use High Density District. II-40

53 II. Diagnosis The current UTD: Urban Transitional District is proposed to be deleted, since the new AC-N: Neighborhood Activity Center or COR-N: Neighborhood Activity Corridor districts serve the same purpose (A)(2) Activity and Corridor Districts The zoning ordinance s current line-up of 12 commercial base zone districts is proposed to be restructured and reclassified as 11 Activity and Corridor districts to implement Plan Columbia policy direction. The new Activity Centers and Corridors classification will be the focus for where mixed-use development and walkable urbanism will be supported in the city. The districts are centers of commerce, employment, and entertainment, and in some cases, destinations for people throughout the city and region. They are intended to result in high quality design, higher densities and intensities, and support multiple modes of travel. Of the 11 Activity and Corridor districts, five consist of current commercial districts that are refined in accordance with Plan Columbia policy direction and six are new. The proposed Activity and Corridor districts are describe below. The new AC-N: Activity Center - Neighborhood district is mixed-use zone district that implements the UCAC-1: Urban Core Neighborhood Activity Center development type in Plan Columbia. It is intended to provide lands to accommodate small pockets of commercial development within the city s urban neighborhoods and along major roadways. The district is intended to be applied to portions of a city block, consisting of a few storefronts with limited on-site parking. Uses are intended to be neighborhood-serving and capture some throughtraffic; auto-oriented uses would be discouraged. The new AC-C: Activity Center - Community district is a mixed-use zone district that implements the UCAC-2 Urban Core Community Activity Center development type in Plan Columbia. It is intended to accommodate general commercial, recreation, and restaurant uses serving multiple neighborhoods. Development is medium-scale in character and supports walkable urbanism. Some auto-oriented uses are allowed, but the design and location of those uses must be compatible with and support pedestrian-oriented development. 25 Those districts provide for small scale, pedestrian-oriented commercial and office development to serve the surrounding neighborhood. II-41

54 II. Diagnosis The new AC-R: Activity Center - Regional district is a mixed-use zone district that implements the UCAC-3 development type in Plan Columbia. It is intended to accommodate high density/intensity, compact, pedestrianoriented mixed-use development that serves the region. Uses allowed are primarily commercial, but high-intensity residential is also appropriate. The district should be designed to accommodate redevelopment of blocks as well as adaptive re-use of existing buildings. The O-I: Office and Institutional district carries forward and renames the current C-1: Office and Institutional District. It is intended to accommodate office, institutional, and limited residential uses. The AC-D: Activity Center - Downtown is a mixed-use district that implements the SD-3 development type in Plan Columbia, and it carries forward, consolidates, and renames the current C-4: Central Area Commercial and C-5: Central Business districts. It provides lands to accommodate development in Columbia s downtown core. The district would allow for a broad range of commercial, office, restaurant, service distribution, and higher density residential uses in a dense, pedestrianoriented context. Design standards for the downtown core will continue to apply. 26 The GC: General Commercial district carries forward and renames the current C-3: General Commercial District. It is intended to accommodate a variety of general commercial and nonresidential uses characterized primarily by retail, office, and service establishments. Although we anticipate some existing commercial areas will be re-mapped as Activity Centers (AC-N; AC-C; or AC-R), the GC district is retained in order to accommodate established, isolated commercial areas outside of the activity centers. The MU-CC: Mixed-Use Commercial Corridor district carries forward and renames the current MXC-1: Mixed-use Corridor/Neighborhood District. It provides lands to accommodate mixed uses, and a wide range of residential and nonresidential uses along corridors and in neighborhood commercial contexts, in a pedestrian-friendly form. The district currently provides flexibility from conventional use and bulk requirements to promote development that supports a pedestrian-oriented streetscape. Further refinements to these standards or associated development 26 As currently implemented by the DD overlay. See Section (B), Overlay Districts for further recommendations regarding this overlay. II-42

55 II. Diagnosis standards such as parking requirements may be proposed to implement the district s character goals. The MC: Mixed Commercial district carries forward and renames the current MX-2: Mixed-Use Urban District. It provides lands to accommodate a wide range of commercial, research, residential, retail, and institutional uses. Flexibility from conventional use and bulk requirements is provided to promote urban-density and mixed uses within a pedestrian-oriented streetscape in an urban, mixed-use context. Development would be required to comply with the Innovista Design District Guidelines. 27 The new COR-N: Neighborhood Activity Corridor district is a mixed-use zone district that implements the AC-1: Neighborhood Activity Corridor development type in Plan Columbia. It is intended to accommodate a wide range of small-scale residential and nonresidential development that serves surrounding neighborhoods within a one-mile drive or a 15-minute walk. The district is distinguished from the AC-N: Activity Center - Neighborhood district by a linear development pattern along corridors. The new COR-C Community Activity Corridor district is a mixed-use zone district that implements the AC-2: Community Activity Corridor development type in Plan Columbia. It is intended to support commercial corridor development and is a linear extension of AC-C: Activity Center Community. It consists of high-intensity development with a variety of commercial and service uses fronting along principle and minor arterial roadways. It would serve neighborhoods within a three to five mile radius. The new COR-R Regional Activity Corridor district is a mixed-use zone district that implements the AC-3: Regional Activity Corridor development type in Plan Columbia. It is intended to accommodate large-scale suburban corridor development, with a variety of high-intensity commercial and service uses serving a 20-mile radius. The current C-2: Neighborhood Commercial district is proposed to be deleted, since uses and development standards are accommodated within the new AC-N: Activity Center - Neighborhood district, described above. The current C-6 Limited Commercial district is proposed to be deleted since it is not currently mapped and its purposes are achieved through several of the other proposed activity center districts. 27 Further discussion of design guidelines and related overlays districts can be found in Section (B), Overlay Districts. II-43

56 II. Diagnosis The current C-3A: General Commercial Overlay district is proposed to be deleted since the new corridor districts (described above) accomplish similar goals (A)(3) Institutional and Campus Districts Consistent with Plan Columbia policy direction, the new Institutional and Campus District classification consists of five new districts that are generally intended to accommodate institutional, civic, employment, and office development that typically has multiple, large-format buildings, internal street networks, green spaces, and secondary uses such as retail, personal services establishments, indoor and outdoor recreation facilities, and restaurants uses. There is also a district that accommodates military installations. More specifically: The new I-Gen: Institutional General district implements the SD-2 Civic/Institutional District development type in Plan Columbia. It is intended to provide lands to accommodate primary and secondary schools, churches, and small and large-scale government offices in a campus-like setting. The districts may or may not contain support services, depending on the size, scale, and nature of the district. The new I-U/M: Institutional University and Medical district implements the SD-5: Universities/Colleges development type in Plan Columbia. It provides lands to accommodate large medical complexes (like hospitals and medical offices/labs) or a college or university campus, with their accompanying support uses (offices, restaurants, and limited commercial facilities). These developments typically have a master plan. The new I-Zoo: Institutional - Riverbanks Zoo and Gardens district implements the SD-4: Riverbanks Zoo and Gardens development type in Plan Columbia. It is intended to provide lands to address the unique needs of Columbia s Riverbanks Zoo and Gardens. It will allow zoos and the support facilities for zoos (e.g., office, retail, recreation and related uses). The new I-FJ: Institutional - Fort Jackson district implements the SD-6: Fort Jackson development type in Plan Columbia. It is intended to serve the unique needs of Fort Jackson military installation, which spans 52,000 acres and includes 1,160 buildings and a variety of uses. The new I-T/U: Institutional Transportation and Utilities district implements the TU: Transportation and Utilities development type in Plan Columbia. It is intended to accommodate a range of transportation and utility-related uses including airports, bus terminals, rail stations, substations, power generation dams, transmission lines, water treatment facilities, pump stations, and support uses. II-44

57 II. Diagnosis (A)(4) Industrial Districts Industrial districts include resource extraction, manufacturing, processing, and assembly uses. Areas within these districts typically require larger amounts of land for operations, and to ensure sufficient buffering from adjacent land uses. The LI: Light Industrial district carries forward and renames the current M-1: Light Industrial district. The district accommodates wholesaling, distribution, storage, processing, light manufacturing and general commercial uses. The HI: Heavy Industrial district carries forward and renames the current M- 2: Heavy Industrial District. It is intended to accommodate manufacturing, industrial, and functionally-related uses such as distribution, storage and processing. General commercial uses are also allowed, but are considered incidental to the primary use. The new EC: Employment Campus district implements the EC: Employment Campus development type in Plan Columbia. It accommodates office, institutional, light industrial, and flex uses, either in a high quality employment campus environment, or urban areas sharing a combination of employment uses. The district will also allow limited residential (multi-family) and retail and entertainment uses through redevelopment and infill, it is primarily intended for concentrations of employment-based development (B) Overlay Districts 28 Overlay districts are superimposed over portions of one or more underlying base zones with the intent of addressing area-specific conditions, features, or plans. They include standards that modify or supersede standards applied by the underlying base zone district. To distinguish overlays from other zone districts, the term overlay is included in the name of the district along with an OV abbreviation. We propose the new zone district structure include 13 overlay districts. Within this group, 12 are carried forward, refined, consolidated or renamed. One new overlay district is added to address Plan Columbia policy direction, 28 All recommended districts in the Overlays section are named and function as traditional overlays, meaning they are applied over a base district in order to modify base district standards. However, this section of the report does identify some existing districts that are not traditional overlay districts, such as special purpose districts and planned unit development districts. These districts are either proposed to be deleted or reclassified, and are further described in the appropriate section of the report. Because the existing regulations group overlays, special purpose districts, and planned unit development regulations together, they are similarly documented in the report so the reader can more easily track the existing versus proposed district structure. To view how the proposed zone district structure appears with new districts, and existing districts shown as either renamed, deleted, or reclassified, please refer to Table 2.2.3, Proposed Zone District Structure. II-45

58 II. Diagnosis and four overlay districts are deleted because they are redundant with other districts or obsolete. The AP Airport Height Restrictive Area Overlay is carried forward and renamed OV-A: Airport Overlay district. It is intended to protect aircraft operations in the vicinity of Owens Field Airport and ensure adjacent land uses are compatible with airport-related uses and activities. The FW: Floodway Area Overlay is carried forward and renamed OV-FW: Floodway Overlay. The FP: Floodplain Area Overlay is carried forward and renamed OV-FP: Floodplain Overlay. There are currently four design overlay districts, each with a corresponding set of design guidelines. 29 They are: The 5P: Five Points Overlay District; The ID: Innovista Design District; The NC: North Main Corridor [overlay district 30 ]; and The DD: Design District [overlay 31 ]. All four of these districts will be carried forward, and renamed as follows: OV-5P: Five Points Design Overlay district. OV- ID: Innovista Design Overlay district; OV-NMC: North Main Corridor Design Overlay district; and OV-CC: City Center Design Overlay district. To the extent possible, during the drafting stage of the project, we will explore incorporating the design guidelines and other relevant standards from each district into the design standards in Article 17-5: Development Standards, and other parts of the regulations. If this can be done, we might at that time recommend that one or several of these districts be deleted, since their regulations will be incorporated into other parts of the ordinance. 29 The design guidelines are not part of the current regulations. There is one set of design guidelines for each of the four design overlay districts. 30 Brackets are included here because the phrase overlay district does not actually appear in the overlay district s name in the current regulations. 31 Brackets are included here because the term overlay does not actually appear in the overlay district s name in the current regulations. II-46

59 II. Diagnosis The DP: Design and Preservation Area overlay is carried forward and renamed OV-HP: Historic Preservation Overlay. It is the city s historic district designation, and is used to reference the city s five historic sub-districts 32 and associated historic district design guidelines. 33 The new OV-GATE: Gateway Design Overlay district is established per Plan Columbia policy direction, and provides a framework for the city to improve development quality along key gateway corridors. The OV-GATE district would require that a plan be established for the gateway identifying the aesthetic and other improvements that need to be established along the gateway corridor to achieve the community s goals. The actual development standards would then be adopted and incorporated into the OV-GATE to implement the plan recommendations (e.g., landscaping, access, and design standards). Once adopted, new development in the overlay would be required to comply with the standards, which would be reviewed and decided administratively. The current CC Community Character Overlay is deleted and in its place a new OV-NC: Neighborhood Character Overlay district is proposed to be established. An OV-NC district is primarily used to ensure the desired character of a neighborhood is protected and can be an appropriate tool in both stable traditional neighborhoods and at risk neighborhoods to improve, re-build, preserve, and protect desired neighborhood character. A framework for the establishment of the zone will be included in the regulations so that the community can tailor and adopt individual OV-NC zone standards for different neighborhoods. OV-NC zones are similar to, but distinct from, traditional historic districts. Whereas the primary purpose of a historic district is to protect the historic integrity of an area (usually by preventing or discouraging demolition and requiring appropriate renovation or highly compatible new construction), OV-NC zones are more flexible and are based on a pre-approved area or neighborhood plan. OV-NC standards typically require infill and redevelopment to comply with additional modest development standards within the base zone to protect neighborhood character. The standards might address such issues as: building height; setbacks; roof pitch; garage location and setbacks; front porches; driveway access; street trees; and 32 They include: Landmark; Landmark District; Architectural Conservation District; Historic Commercial District; and Protection Area. 33 Each of the following 13 areas includes a separate, stand-alone document containing areaspecific historic design guidelines: Cottontown; Oakwood Court; Earlewood; Granby; Melrose Heights / Oaklawn; Old Shandon / Lower Waverly; Seminary Ridge; University; Wales Garden; Waverly; West Gervais Historic Commercial District; West Gervais Protection Area; and Whaley. II-47

60 II. Diagnosis landscaping. Typically, only a handful of character-defining features are regulated. Detailed architectural design standards, like those found in most historic districts are not included. Development applications in an OV-NC district are administratively reviewed for consistency with the applicable standards. The current S Sign Designated Area overlay is proposed to be deleted, and their current standards relocated into the sign standards. The following sign overlay districts are carried forward; provisions may be streamlined for clarity. The districts are renamed as follows: The current CS Collector Street Sign Overlay District is carried forward and renamed OV-CS: Collector Street Sign Overlay District; The current AS Arterial Street Sign Overlay District is carried forward and renamed OV-AS: Arterial Street Sign Overlay District; The current FS Freeway Sign Overlay District is carried forward and renamed OV-FR: Freeway Sign Overlay District. As described in Section (A)(2), Activity and Corridor Districts, the current C-3A: General Commercial Overlay District is proposed to be deleted. 34 The current MU Multiple Use Areas Overlay is also proposed to be deleted since the new AC-N: Neighborhood Activity Center or COR-N: Neighborhood Activity Corridor district serve a similar purpose (and allow a similar set of uses and include similar development standards). The current PD Planned Development Area Overlay is proposed to be deleted. Areas where this overlay is currently applied will be re-mapped with a base district, as appropriate (C) Planned Unit Development Districts Planned unit developments are intended to offer applicants flexibility to modify the zone district regulations and development standards in return for innovative design, greater development quality, and in some instances community benefits. Currently the city has three types of Planned Unit Developments: Planned Unit Development Residential (PUD-R), Planned Unit Development Commercial (PUD-C), and Planned Unit Development- Large Scale (PUD-LS). We recommend the city consider consolidating these the three existing PUD districts into a single PUD district, Planned Unit Development-General (PUD- 34 This is noted here because the C-3A: General Commercial Overlay District is identified as an overlay; it is also listed with the base commercial districts in the current regulations. II-48

61 II. Diagnosis G), and establish a new Planned Unit Development Traditional Neighborhood Design (PUD-TND) district. The PUD-G: Planned Unit Development - General district would be a general planned unit development district that could be applied to any development context. There would be a general expectation that the project would propose high quality and innovative design. It would allow the development applicant to propose for consideration a broad mix of uses, and vary a number (but not all) of the development standards. To the extent allowed by law, it would require or encourage the provision of community benefits. The new PUD-TND: Planned Unit Development Traditional Neighborhood Design district is intended for neo-traditional neighborhood developments in greenfield or urban areas, and will require high-quality Traditional Neighborhood Design (TND) elements such as civic buildings, a town center, mixed uses, integrated open space, housing choice, a strong public realm, and walkable urbanism. II-49

62 II. Diagnosis 2.3 MODERNIZE FORMAT AND ORGANIZATION OF ZONE DISTRICTS The current layout of zone district regulations could be better organized and presented, as the repetitive format of purpose statement, uses, and dimensional provisions can become too difficult for the reader to digest. Also, the combination of text and tables, minimal use of graphics, scattered organization, and ineffective use of section headings and white space make the current zone district regulations challenging to follow. Modern approaches to laying out other zone district regulations incorporate for each district, a statement of the district s purpose, a reference to the use table and use-specific standards, the intensity and dimensional standards applicable in the zone district, form standards where appropriate, and graphics showing photos of the desired character in the district, typical lot patterns, and how dimensional standards apply to the principal development types in the district. This is the way we suggest the zone districts be laid out in Columbia s new zoning and land development (subdivision) regulations. An example of this suggested zone district layout is shown on this page, and a provided in Appendix D, Example Zone District Regulation Format. 2.4 EVALUATE AND REDUCE, WHERE APPROPRIATE, SPECIAL EXCEPTION USES A number of uses in the current development regulations are reviewed as special exceptions, meaning they are subject to review and public hearing by the Board of Zoning Appeals. During conversations with stakeholders and staff, many interviewees noted there are too many uses that are classified as II-50

63 special exceptions, resulting in a high number of developments going a lengthy and uncertain public hearing review process. II. Diagnosis Some special exception uses probably can be treated as either by right uses or conditional uses subject to the supplemental performance standards that are reviewed administratively. During the drafting process we suggest evaluating and potentially reducing the number of special exception uses identified and required, especially where: They are not necessary because the use is antiquated or irrelevant; or Precise, measurable, supplemental performance standards can be added that address the potential external impacts of a use in a zone district. If we are able to treat certain special exception uses as either permitted or conditional uses, it result in a more efficient development review process without sacrificing community planning and development goals. We suggest this analysis be undertaken during the drafting stages. 2.5 IDENTIFY AND CLASSIFY USES IN A SIMPLER AND MORE FLEXIBLE WAY The current zoning ordinance includes a summary principal use table 35 that identifies what principal uses are allowed in an individual zone district; the current regulations, however, do not identify whether a use is subject to additional use-specific standards that further limit how the use may be developed in a district. The use specific standards are found in separate divisions of the ordinance, 36 meaning even users who know they might exist to thumb through other parts of the regulations to find them. Best practices in modern codes is to locate the principal use table(s) and use specific standards in one place in the ordinance (we suggest Article 4: Use Regulations), consolidate the use tables into as few tables as reasonably possible, and present the use regulations (the table and the use specific standards) together and as succinctly as reasonably possible. The Table of Permitted Uses in the current regulations appears to be a good attempt at creating this singular set of information, however, the rewritten regulations can be organized a little more efficiently. We suggest that all the current principal use tables be located in one section in the ordinance, and be consolidated into one or several principal use tables 35 See Section Table of Permitted Uses, in the current regulations. 36 For example Division 8: District Descriptions; Use and Dimensional Regulations, and Division 9: Supplementary District Regulations. II-51

64 II. Diagnosis that identify the principal uses, conditional uses, and special exception uses allowed in each zone district. In addition, we suggest the table(s) include cross-references to any applicable use-specific standards (see far-right column in the Principal Use Table below, which is an example from another jurisdiction), and that the use specific standards be consolidated into a section that follows the principal use table(s) Three-tiered System to Classify Uses Columbia s current Table of Permitted Uses is organized based upon the Standard Industrial Classification (SIC) Manual. 37 The SIC code is a federallycreated system for recognizing standard industrial types. Experience has taught that while the SIC code 38 is useful to federal agencies for sharing data and ensuring statistical integrity, it is less helpful in the context of classifying local uses for zoning purposes. One reason is that many classifications are for uses unlikely to occur in a community. Another more important reason, is that the uses are too detailed and specific, and are not structured in a way that allows local officials flexibility in administering the use regulations in a zoning ordinance or addressing uncontemplated new uses when they occur (and the market is constantly coming up with new ideas and uses). 37 As noted in Section SIC codes were established in the 1930 s, but in the U.S. they have been largely supplanted by the six-digit North American Industry Classification System (NAICS code), which was released in II-52

65 II. Diagnosis The current structure of the principal use table(s) needs to be simplified and made more flexible. Based on best practices, we suggest that the rewritten use regulations incorporate a three-tiered use classification system that adds text descriptions to clarify use groups at three different levels: Use Classifications (broad general classifications such as Residential, Commercial, Institutional, and Industrial); Use Categories (major subgroups within Use Classifications that are based on common characteristics, such as Group Living and Household Living under the Residential classification); and Uses (specific uses within the Use Categories, such as one-family detached dwellings, multi-family dwellings, and townhouse under the Household Living category and Residential classification). Many communities are moving to this use classification approach due to its more robust structure and flexibility. See the excerpt from a principal use table from another jurisdiction shown in the previous section. In addition, we suggest the rewritten use regulations define the use categories broadly and list specific uses only if they sufficiently differ from similar broad use categories to justify allowing them in different zone districts. This allows staff more flexibility in determining whether a proposed use is allowed and reduces the number of developments that must go through a lengthy and uncertain rezoning or text amendment process just because the proposed use is not expressly listed. Finally, and as discussed in Section (E)(12),Add an Interpretation Procedure, of the report, we suggest that the rewritten regulations include a new interpretations procedure that authorizes the Zoning Administrator to make interpretations of whether an unlisted use is allowed under a use category even though it is not specifically listed. 2.6 MODERNIZE AND CUSTOMIZE THE DEVELOPMENT STANDARDS Add Mobility, Circulation, and Connectivity Standards (A) Background and Current Regulations Many communities are modifying their transportation and development policies to support and require an approach that calls for complete streets or street networks and rights-of-way to be planned, designed, operated, and maintained to enable safe, convenient, and comfortable travel and access for users of all ages and abilities, regardless of whether their mode of II-53

66 II. Diagnosis transportation is by walking, bicycling, driving automobiles, or riding public transportation. This approach also addresses streets as destinations (e.g., for sidewalk dining and social gathering) and not just links, and it addresses streets in the context of surrounding development and areas. Principles that support such an approach might address the following design elements of streets: Pedestrian infrastructure such as sidewalks, traditional and raised crosswalks, median crossing islands, Americans with Disabilities Act of 1990 compliant facilities, and sidewalk bulb-outs; Traffic calming measures to lower speeds of automobiles and define the edges of automobile travel lanes including a road diet, center medians, shorter curb corner radii, elimination of free-flow right-turn lanes, angled face-out parking, street trees, planter strips, and ground cover; Bicycle accommodations, such as bicycle parking, neighborhood greenways, wide paved shoulders, and protected or dedicated bicycle lanes; and Public transit accommodations, such as bus pullouts, bus shelters, and dedicated bus lanes. The city s current regulations contain relatively few such access and circulation standards. The zoning ordinance includes few if any standards addressing the layout and design of accessways. The subdivision provisions include some general standards addressing roadway design, cul-de-sacs, and block length in residential subdivisions. The provisions require subdivision streets to include curb and gutter edges, but sidewalks are not required, nor are street trees. There are no current standards addressing bikeways or the accommodation of transit service (B) Recommendations Given these circumstances, we recommend the rewritten regulations consolidate the current access and circulation standards into one set of standards that address the full range of transportation needs and improvements. Additionally, we recommend that the city modify and expand the current standards to reflect the following complete street principles: Multimodal (pedestrian, bicycle, transit, vehicle) access/circulation. Access and circulation standards that expressly require or encourage new development to provide integrated multimodal access and circulation that addresses anticipated vehicular, transit, bicycle, and pedestrian demands. This might include provisions not just for streets and driveways, but also bikeways, sidewalks, and transit facilities (e.g., bus pullouts and bus stops). II-54

67 II. Diagnosis Sidewalk and related pedestrianway standards. Requirements that new development place sidewalks (and street trees) on both sides of a street in specific districts. Connected access and circulation systems. Connectivity standards to require extensions of streets, and sidewalks from adjoining developments and to adjoining undeveloped land where appropriate, and cross-access requirements between the internal access and circulation systems of adjoining commercial developments. Additionally, connectivity standards that would ensure a minimum amount of street connections in certain areas through a connectivity index. Community form standards. A basic set of community form standards in the subdivision standards that would apply to all new development outside the Downtown and Activity Centers, and would be triggered based on defined development thresholds. Such standards would ensure that new development establish a basic development template that supports strong, wellconnected street and pedestrian networks. Suggestions for the types of standards to include in these new regulations are outlined in Table 2.6.1: Potential Community Form Standards. Standard Street Connectivity Standards Minimum Number of Entry Points Traffic Calming TABLE 2.6.1: POTENTIAL COMMUNITY FORM STANDARDS Potential Requirements Application of a street connectivity index or block perimeter requirement, to ensure a minimum level of street connections Where allowed, cul-de-sacs not exceed a maximum length of 500 feet, and provide pedestrian access to any adjacent pedestrian system or other local streets The average block length in a development (when blocks are used) not exceed 1200 feet,-- except in cases where environmental constraints (e.g. wetlands, streams, and severe slopes) make it impossible or impracticable to design such block lengths Minimum external street connectivity, by requiring that a roadway connection be provided for new development at least every 1,250 to 1,500 feet for each direction (north, south, east, west) in which the development abuts a similar or compatible use Require at least two ingress/egress points from all subdivisions with 50 units or more Require one additional entry for every 200 dwellings Limitations on placement of driveways within 500 linear feet of an entrance/exit to the subdivision Interrupt long straight street segments over 1,200 feet in length II-55

68 II. Diagnosis Standard Techniques Sidewalks Lot Access Standards Cross Access Standards TABLE 2.6.1: POTENTIAL COMMUNITY FORM STANDARDS Potential Requirements Utilize street jogs, off-sets, and mini-roundabouts at intersections of local streets Require curvilinear street design along portions of grid streets Use chicanes, neck-downs, and medians along wide streets Sidewalks be provided on both sides of every street, except in cases where environmental or topographic features make such provision impractical, when a nearby trail or other public pedestrian way can serve the same function as a sidewalk, or the development lies on an arterial or major collector road and there are no connecting sidewalks within 500 feet Connections be made to existing or planned sidewalks at the property boundaries Ensure flag and cul-de-sac lots are configured to maintain adequate minimum access to accommodate driveways and public infrastructure (where necessary) Recognize the ability of a corner lot to re-orient driveways to one side or another in an effort to preserve safety or traffic carrying capacity Driveways not have direct access to arterial streets unless no alternative means of access (e.g. alleys or parallel access streets) exists, and it is unreasonable or impractical to require a parallel access street from an adjacent arterial Driveway access to collector streets be limited Driveway access in residential districts be prohibited from areas with lot widths that are 50 feet or less for pedestrian safety and aesthetic purposes (access to be provided by alleys) All nonresidential and multi-family development be designed to allow for cross access (across or through vehicular use areas) to adjacent sites with compatible uses (to encourage shared parking and shared access to streets) -- except in situations where environmental, topographic, or safety hazard issues make it impossible or impracticable Refine and Modernize Off-street Parking and Loading and Add Bicycle Standards (A) Current Regulations Off-street parking standards are located in several places in the current regulations. Article III, Division 10 of the planning, development, and zoning regulations (Sections through ) lists requirements for off-street parking and loading areas. Included in the requirements are standards that apply to off-street parking areas for commercial or industrial uses in residential districts. Those standards specify the location of off-street parking areas on the site, screening requirements, and entry/exit location requirements. Section also references parking area standards contained in the subdivision regulations. Those standards, found in Article IV, II-56

69 II. Diagnosis Division 9 of the subdivision regulations (Section ), address border barricades and screening, entrance and exit locations, lighting, and drainage. Additional standards for parking areas, driveways, and internal streets in group developments are found in Division 7 of the subdivision regulations (Section ). Section establishes requirements for the size, location, and pavement of parking areas and spaces. Article V (Section ) establishes requirements for driveways and parking areas in Design Protection Districts. Loading area requirements (Section ) include minimum dimensions and overhead clearance for loading spaces and minimum number of spaces based on gross floor area. Finally, Division 13 (Sections through ) includes landscaping requirements for parking areas, including buffer transition yards, street protective yards, and interior landscaping. Division 13 also includes screening requirements for loading areas. The required quantity of off-street parking for each use is listed in a column in the table of permitted uses (Section ). 39 Additional parking requirements are also included for specific uses, such as private dormitory (Section ). Private dormitory is also the only use for which bicycle parking spaces are required. The current regulations do not provide additional standards for bicycle parking facilities. Finally, several provisions add some flexibility in the quantity or location of required off-street parking. Section allows a reduction in off-street parking provided on-site in specific situations (for certain established nonresidential uses having limited area available for parking, only the number of parking spaces that can be physically fit on the property is required). Reductions in the required quantity of offstreet parking are also allowed by special exception in certain cases (e.g., residential facilities intended for occupancy by the elderly). Additionally, off-street parking may be provided off-site (within 600 feet of the principal use) in situations where it cannot reasonably be provided on the same lot as the principal nonresidential use. Section allows shared parking by special exception in mixed-use developments based on a comprehensive analysis of parking demands by time of day. 39 No off-street parking is required in the C-5 central business zone district (Section ). II-57

70 II. Diagnosis (B) Recommendations The current parking standards are relatively straightforward and provide some flexibility to developers and land owners in certain situations. Nevertheless, the standards can be improved and modernized. We suggest the city consider the following changes to the current parking standards. First, review and modernize minimum parking requirements to bring them into conformity with best practices. This involves comparing the city s parking requirements with standards recommended in the Institute of Transportation Engineers' Parking Generation Manual, other national standards, and recent standards adopted by other local governments to determine the appropriate quantity of required parking spaces for various uses. We also suggest that the city consider establishing a maximum number of spaces for some uses (e.g., mixed-use, retail, office, and multi-family). Second, establish different parking standards for the urban and other contexts in the city (versus the one size fits all baseline standards in the current regulations). We recommend that the city establish at least two sets of parking standards, one tailored to the Downtown area surrounding the C5 zone and Activity Centers, and another for the rest of the city. Third, place the modernized parking standards in a unified parking table that sets out the parking requirements for all allowable uses based on the uses in the permitted use table, along with provisions for uses with variable parking demands, and provisions that allow the Zoning Administrator to require preparation of a parking demand study for unusual uses where there is no reliable parking demand data. Fourth, require large parking lots of 400 or more spaces to be broken up into sections and to incorporate pedestrian-friendly features such as sidewalks to the principal entrance of buildings and enhanced landscaping that provides shade for pedestrians and vehicles and contributes to reduction of stormwater runoff. Fifth, require that all or a portion of the required surface parking in targeted areas of the community (e.g., along commercial corridors or mixed-use activity centers) or certain zoning districts be located on the sides or rear of buildings. II-58

71 II. Diagnosis Sixth, add bicycle parking standards in the Downtown and Activity Centers, requiring bicycle parking on-site (especially in parking structures or adjacent to building entrances). Encourage and incentivize the use of bicycle parking in other locations for retail establishments of a certain size, office zones that permit a certain amount of intensity, and any office, retail, multi-family residential, community facility or hotel use located on streets where an existing or proposed bikeway is shown on the Walk Bike Columbia master plan. These basic requirements should also specify acceptable types of bicycle storage, consistent with standards recommended by the Association of Pedestrian and Bicycle Professionals. Finally, refine, expand, and consolidate flexibility provisions that can be used to address parking standards. This should include: A broadening of the shared parking provisions beyond mixed-use developments to generally allow businesses and institutions with varying peak hours of visitation to share parking in meeting the minimum parking requirements. More extensive allowance for off-site parking, subject to limitations on distance from the site and requirements for good pedestrian access from the off-site parking location to the site, by making linkages to adequate pedestrian facilities more clear and instructing applicants on how contribution to the sidewalk network can allow off-site parking supply to be credited towards a site s requirements; Reductions for deferred parking, or locations near active transit; Reductions based on the provision of valet parking; Reductions in parking for Transportation Demand Management (TDM) programs in zones where more development intensity will occur over time, with more specific guidance on estimated levels of reduction that an applicant may expect from implementing and agreeing to provide a particular TDM measure as part of a development; and Provisions that allow for an applicant to submit an alternative parking plan demonstrating how parking requirements can be met for a development through alternatives different than those spelled out in the regulations Refine Landscaping Standards Enhanced landscaping is one of the key elements many communities use to raise the bar for development quality, make the community greener, and establish an aesthetically-pleasing built environment. Effective plantings II-59

72 II. Diagnosis soften transitions between buildings, screen parking and service areas, buffer incompatible uses from one another, and assist in dealing with storm water runoff quality. Trees provide shade for parking areas and buildings, soften the built environment, and help define the public realm along streets (A) Current regulations The current landscaping regulations are found in Article III, Division 13 (Sections through ). The regulations generally require the submittal of a landscape plan with a zoning permit application to demonstrate compliance with the landscaping standards. The current regulations include standards for: Single-family residential subdivisions Buffer transition yards; Street protective yards (streetscapes); Vehicular surface areas (parking lots, parking structures, private driveways, rental lots, etc.); and Screening. Standards for single-family residential land development (subdivision) (Section ) include requirements for minimum density of tree cover and tree protection, both of which are discussed in Section 2.6.4, Strengthen Tree Protection Standards. Section establishes requirements for buffer transitions yards between some land uses. Requirements are established based on the type and size of a particular land use using a sliding scale, with the width of the required buffer area varying inversely with the number of shrubs provided per 100 linear feet. The standards are suburban in character, relying heavily on buffer yard width and plantings to soften the transitions between uses. Street protective yard (streetscape) standards in Section require landscaping along street rights-of-way, with the width of the required landscaped area determined by the area of the development. The standards also establish specific streetscape requirements for parking lots. II-60

73 II. Diagnosis Parking lot landscaping standards (Section ) require that all parking spaces be within 40 feet of the trunk of a shade tree, with at least one shade tree provided for every 3,200 feet of parking lot area. Shade trees are required to be located in islands, which must be a minimum of 200 square feet in area. Additional requirements for planted medians apply to parking lots having an area greater than two acres. For parking structures, a perimeter planting strip along the public right-of-way is required. Screening requirements for loading and trash collection areas, display areas, and utility service areas generally allow fencing or planting options. The current regulations include a partial compliance provision for certain additions and renovations that reduces some landscaping requirements and a mechanism for alternative compliance (Section ) that allows for the approval of alternative landscaping plans in situations where unreasonable or impractical situations arise from the application of the landscaping standards. Such a plan allows the applicant to offer alternatives that meet the intent of the landscape standards. If unusual site conditions make it impossible for a site to comply with landscaping requirements, the unmet requirement must be paid into the Columbia Landscaping and Tree Fund at 125 percent of the estimated cost of plant materials and installation. Unless the developer provides a bond for plants not installed, all landscaping must be installed prior to the issuance of a certificate of zoning compliance. The regulations also include maintenance requirements for installed landscaping (B) Recommendations While the city s landscaping standards are generally sound, there are areas that can be revised to improve development quality, and support infill without sacrificing development quality. We recommend the city consider the following revisions: Expand the basic planting standards to include species diversity requirements and use of native plants (to minimize need for irrigation); Add some basic site landscaping standards for multi-family and nonresidential development; 40 Refine the approach to transitional buffers, by focusing more on performance-oriented buffers based on opacity that 40 Site landscaping standards would include building perimeter planting requirements designed to soften the appearance of building foundations and provide transitions to pedestrian areas. II-61

74 II. Diagnosis are designed in ways that are more sensitive to the different contexts in the city (urban versus suburban); that way specific options can be provided that allow transitional buffer widths to be reduced if additional landscaping can be provided, which supports infill development; Refine the vehicular parking (parking lot) requirements to ensure they are consistent with best practices; Establish consistent requirements for streetscape landscaping by eliminating variation in required width of street protective yards based on acreage of development; Add requirements for the placement of street trees along streets; Add requirements to integrate stormwater management retention ponds and similar facilities as site as amenities (and thus count them towards any open space requirements), or fully screen them from all views; and Refine landscaping standards to adapt them to a more urban context and/or create new variations of standards to apply in the city s more urbanized areas for example, by recognizing and allowing landscaping such as streetscape amenities and rooftop and upper terrace gardens to count towards meeting urban landscaping standards. Where appropriate, establish landscaping standards for both urban and suburban contexts Strengthen Tree Protection Standards (A) Current Regulations Mature trees provide benefits that sustain a high quality of life and support the natural environment. They also beautify and enhance the character of the city. In order to preserve existing trees, the city has established tree protection requirements, found in Section Trees that must be protected include grand trees, any trees designated by a developer to meet the minimum tree-density requirements, and trees that are in fair or better condition that are at least 8 inches in diameter and are located in required open space, buffer transition yards, or other landscaped areas. A tree protection plan that establishes a tree-protection zone around each protected tree must be submitted as a part of the landscape plan. Landscaping requirements that apply over an entire development include tree protection requirements (discussed in Section below) and minimum tree density requirements (Section ). Tree-density requirements are based on a density factor for a site (DFS) of 30 units per II-62

75 II. Diagnosis acre generally and 20 units per acre for single-family residential subdivisions. Density factor units are calculated for each individual tree based on the diameter of the trunk at a specified height. The total density factor units for remaining and new trees must meet the minimum density factor required for the development (B) Recommendations Based on our review of the regulations, we suggest the city consider the following. First, carry forward tree protection regulations for grand trees since they are consistent with best practices. Second, strengthen the protections provided to trees other than grand trees (canopy trees with 8 D.B.H. or greater), by either: Strengthening the density factor for the site (DFS) standard; or Requiring new development to retain a certain percentage of the existing tree canopy of trees greater than 8 d.b.h. on a site based on the amount of existing tree canopy coverage. The standards would be based on a sliding scale and might also include an exemption for the Downtown, lower percentages in other more urban locations, and provisions that allow for cutting of trees and reforestation under limited circumstances. Finally, consider providing accelerated credit towards landscaping requirements for retention of existing trees, and credit areas where trees are saved towards open space set-aside requirements. II-63

76 II. Diagnosis Add Uniform Open Space Standards (A) Current regulations Establishment of open space and provision of land for recreation are key components to quality development and a healthy community. While Plan Columbia makes strong statements about the importance of open space and recreation, 41 the current regulations do not appear to include uniform private open space set-aside standards. 42 The group development standards in the zoning regulations require that 25 percent of land in a group development be set-aside as open space (Section ). The subdivision regulations require between 10 and 30 percent of total lot area be set-aside for common open space in cluster housing developments, depending on the zone district (Section ). The planned unit development regulations assume open space will be included but do not include minimum requirements; and the flexible site development provisions likewise assume such developments will include open space, but do not establish specific requirements. There, however, are no uniform private open space set-aside standards that apply to site development (B) Recommendations We recommend the city consider establishing a uniform set of open space set-aside standards that are context-sensitive. This would be accomplished by establishing a set of open space standards, based on geographical location and development type (new residential, mixed-use, or nonresidential development). The different geographical locations that we propose for consideration are: The Downtown; Activity Centers and Activity Corridors; and Other areas of the city. 41 See, for example, pages 14, 22, 24, 33, 34, 66, and 67 of the plan. 42 Open space set-asides are private lands on a development site that are set aside in perpetuity for the purpose of preserving environmentally sensitive lands, buffer areas, tree canopy, recreational lands (passive and active), meeting or gathering places, and the like. These lands can be maintained in perpetuity through a variety of tools including, but not limited to, easements, covenants, dedication (donation of the land to a public agency for public use), conveyance of the lands to a third party beneficiary, etc. It is a concept used in modern development codes to ensure the maintenance and preservation of different types of open space while at the same time conforming to the requirements of the federal law on exactions and the imposition of conditions of approval on development. II-64

77 II. Diagnosis The open space standards would ensure a minimum level of green area and site amenities could be used to accommodate landscaping and buffers, protect environmentally sensitive lands, manage stormwater runoff, provide recreational opportunities, create gathering places, provide shading, and add visual interest on every site. They, however, would recognize that open space needs and functions are different in the Downtown, the Activity Centers, and the other areas in the city. For example, open space standards in the Downtown would require a lower set-aside percentage than in the other areas and would be flexible enough to allow features more prevalent in compact, mixed-use urban environments (e.g., plazas and other public gathering spaces, fountains, use of stormwater infrastructure as site amenities, sidewalk furniture, roof-top or terrace gardens perhaps even indoor atriums). In more urban areas, green roofs count towards meeting open space requirements, and might even be further incentivized through additional development intensity or building height. Open space standards would also reflect the different needs of various types of development. For example, multi-family residential development is generally subject to higher open space set-aside requirements than mixeduse, commercial, or industrial development, and open space is generally more focused on recreational uses. Regardless of the location and type of development, standards should ensure that required open space is usable and functional for designated open space purposes and does not merely consist of undevelopable leftover land. This can be achieved by adding locational and design rules governing the location, configuration, and usability of the open space. Those rules would give priority to protecting natural hazard areas, natural resources, and environmentally sensitive areas (e.g., floodplains and riparian buffers). Finally, open space standards would include provisions addressing the ownership of and maintenance responsibilities for required open space, whether the open space is owned and maintained by a public entity, nonprofit organization, or property owners association Add Provisions to Protect Neighborhood Character (A) Current Regulations II-65

78 II. Diagnosis Columbia is blessed with a number of wonderful and well-established singlefamily neighborhoods, both old and new. Plan Columbia, elected officials, and members of the Planning Commission and public concurred protecting, maintaining, and improving the quality and character of the city s existing single-family neighborhoods is key to maintaining the community s quality of life. It should be an important goal in the rewrite. As is the case in many communities, preservation of the city s neighborhoods over the years has not come without conflict, especially regarding development proposals at the edge of single-family neighborhoods, or in the transition areas between single-family neighborhoods and the commercial corridors. Sometimes the conflict between old and new can be especially jarring, such as when a large new office, retail, or multi-family building is erected adjacent to single-family backyards or historic buildings. The conflicts typically line up neighbors or neighborhood groups against development applicants over issues the neighbors believe would affect the character and quality of their neighborhoods building height, mass, or design; site lay-out; parking or parking location; lighting; land uses; and expected (or feared) volumes of traffic. Based on our review of the current zoning ordinance, and comments made during interviews and in the community kick-off meeting (Shaping Columbia Workshop, May 2015), it appears that the degree of concern over the issues of neighborhood compatibility is fueled by two specific components of the current zoning ordinance. One is the current framework within which neighborhood compatibility issues are considered during reviews of development, most at public hearings (and a few not); The second is the fact that there are few measurable and predictable minimum standards in the zoning ordinance to ensure development located adjacent to single-family neighborhoods is compatible with the character of the neighborhood. The result is that the city s review of development proposals in these edge/transition areas can be controversial and frustrating to the developer and the neighbors alike. II-66

79 2.6.6 (B) Recommendations II. Diagnosis Based on best practices nationally, we suggest the city consider adding two specific tools to the rewritten regulations, to address these concerns: Neighborhood compatibility standards; and A framework for application of a Neighborhood Character Overlay (NCO) District (B)(1) Neighborhood Compatibility Standards Used by a wide range of communities across the nation, neighborhood compatibility standards are intended to protect the character of established single-family neighborhoods. If included in the rewritten regulations, they typically apply to any new nonresidential development (e.g., commercial, light industrial, or offices), mixed-use development, and multi-family development above a certain size that is adjacent to, across the street from, or within a certain distance from single-family residential development or a single-family residential zone. Table 2.6.6, Potential Neighborhood Compatibility Standards, includes a sampling of the types of neighborhood compatibility standards the city should consider including in the rewritten regulations. TABLE 2.6.6: POTENTIAL NEIGHBORHOOD COMPATIBILITY STANDARDS Site Layout Building Façade Standards Building Dimension Standards Require structures to maintain consistent façade directions and building orientations as existing homes along the same block face. Require the primary entrance of a new building or renovated structures with construction affecting the primary entrance to face the street from which the building obtains its street address or mailing address. Require that driveways maintain a maximum width of feet or less between the driveway apron and the front façade plane of the building. In the event the existing driveway is to be retained, then it may not be widened except to obtain a width of 12 feet. Require construction of a similar roof type as single-family development in terms of slope and arrangement to prevent abrupt changes in roof form Orient porches, balconies, outdoor space, and other site attributes such as vending machines associated with multi-family and nonresidential development away from adjacent single-family residential development Use similarly sized and patterned architectural features such as windows, doors, awnings, arcades, pilasters, cornices, wall offsets, building materials, and other building articulations as that included on adjacent single-family development Require that no building be higher than feet within 100 feet of a singlefamily lot or zone, and that buildings over feet in height be stepped back in height, so that the tallest part of the structure is the furthest from the single-family residential area Require massing standards for building facades visible from a public street that require articulation of the façade in the form of projections or recesses with a minimum depth of 12 inches located so that no single wall plane extends for more than 12 linear feet without some form of projection or recess. Covered porches, building wings, bay windows, pilasters, masonry II-67

80 II. Diagnosis TABLE 2.6.6: POTENTIAL NEIGHBORHOOD COMPATIBILITY STANDARDS chimneys, and cantilevered bump-outs would meet these requirements. Site Design Standards Parking and Driveway Area Standards Loading and Refuse Storage Area Standards Lighting Standards Signage Standards Open Space Set- Aside Standards Require when dealing with multi-building development on one or more lots, a continuum be established of use intensity where uses of moderate intensity are sited between high-intensity uses and low-intensity uses (e.g., office uses between retail and detached residential), as they relate to adjacent single-family development Require parking spaces be oriented away from (or parallel to) single-family residences so that headlights do not project directly into yards Require a fully-opaque vegetated buffer or fence, or a comparable buffer between single-family residences and nonresidential and multi-family lots Limit the width of driveways to parking areas to 24 feet (two lanes) or 12 feet in width (one lane) except those with turn lanes, to maintain pedestrian comfort and calm the speed of entering traffic Require parking structure facades adjacent to single-family residences receive enhanced design treatment to soften their visual impact Require loading and refuse storage areas be located beyond a certain distance from single-family development Require loading and refuse storage areas be located away from and screened from view of single-family development and zones using materials that are the same as, or of equal quality to, the materials used for the principal building, which are compatible with the materials used for singlefamily development Require loading and refuse storage areas be incorporated into the overall design of the building and landscaped so that their visual and acoustic impacts are fully contained and out of view from adjacent single-family development Reduce foot-candle values by 1/3 at lot lines and require full cut-off fixtures Limit the sign area and maximum height of all signs in transition areas by 25 percent of that normally allowed When open space is required, locate it in the transition area between the nonresidential, mixed-use, or multi-family development and the singlefamily area, unless there is a compelling reason for it to be located elsewhere on the site (B)(2) Neighborhood Character Overlay District Another regulatory tool many local governments use is Neighborhood Character Overlay (NCO) districts, as recommended in Section (B), Overlay Districts. NCOs are primarily used to ensure the desired character of a neighborhood is protected and can be an appropriate tool in both stable traditional neighborhoods and at risk neighborhoods to improve, re-build, preserve, and protect desired neighborhood character. NCO standards typically require infill and redevelopment to comply with additional modest development standards to protect neighborhood character. A framework for the establishment of an NCO district is included in the zone district regulations so that the community can tailor and adopt individual NCO standards for different neighborhoods, based on a pre-approved area or neighborhood plan. II-68

81 2.6.7 Add Form and Design Standards to Improve Livability and Development Quality (A) Background Current Regulations II. Diagnosis Even though the current development regulations include design guidelines for the Five Points Overlay District, the Innovista Design District, the North Main Corridor Overlay District, the Design District Overlay, the Gateway Design Overlay District, and City Center, the regulations do not include generally applicable design or form standards. Consequently, outside of the districts where design guidelines apply, quality development in the city results only through landowner willingness or negotiation. In many cases, where development is permitted by right it sometimes lacks the basic features that help establish a strong sense of place, pedestrian-friendliness, and a minimum design quality (B) Recommendations To improve development quality generally, we recommend the city consider including in the rewrite a set of design and form standards that would be generally applicable to the following types of development: Multi-family; and Mixed-Use and Nonresidential (Commercial and Light Industrial). In addition, we also suggest that, to the extent possible, the design guidelines in the design districts be incorporated into these regulations; finally, and where appropriate, we also suggest special multifamily, mixed-use, or nonresidential design standards needed to distinguish special places in the city (like the Activity Centers) also be included (B)(1) Multi-family Standards One of the primary purposes of the multi-family standards would be to ensure multi-family development contributes to greater livability and sustainability, and achieves a minimum development quality. Table (A), Potential Multi-family Design and Form Standards, provides a sampling of the types of multi-family form and design standards that could be included. II-69

82 II. Diagnosis Table (A) Potential Multi-family Design and Form Standards Standard Building Orientation and Configuration Building Size Building Facades Roofs Materials Parking Placement and Configuration Transition Storage and Service Areas Open Spaces Potential Requirements Orient primary building entrance to a street or open space area (e.g., courtyard) rather than a parking area, where practicable Avoid long linear corridors and hidden entrances Limit the length and footprint area of individual buildings Provide wall offsets and other articulation features (recessed entrance, covered porch, pillars and columns, bay windows, eaves, integrated planters) along long building facades Limit pitch of sloped roofs Conceal flat roofs with parapets Locate and configure roof-based mechanical equipment to minimize view from street Provide changes in building material where building forms meet Locate heavier façade materials below lighter materials Limit parking areas between buildings and the streets they face Locate guest and overflow parking for townhouse units to side or rear of the building with the unit Limit frontage taken up by parking located to the sides of buildings Locate detached garages to the side or rear of buildings Limit the size of multi-family structures within 100 feet of single-family homes; also establish rules governing roof treatment, glazing, and façade treatment in the edge areas adjacent to single-family development. Locate storage buildings, garbage and recycling facilities, and other service areas to be conveniently accessible to residents, yet minimize noise and odor impacts on the residents and on adjacent residential development Enclose or otherwise fully screen outdoor garbage and recycling facilities, and other outdoor service areas to minimize views from dwelling units and adjacent residential development Locate and configure open spaces so they are visible from dwelling units (B)(2) Mixed-Use and Nonresidential Standards Table (B), Potential Mixed-Use and Nonresidential Design and Form Standards, provides a sampling of the types of standards that could be included for mixed-use, commercial, and light industrial development. II-70

83 II. Diagnosis Table (B) Potential Mixed-Use and Nonresidential Design and Form Standards Standard Building Orientation and Configuration Building Facades Transparency Roofs Parking Placement and Configuration Storage and Service Areas Open Spaces Transition Operational Hours Potential Requirements Orient buildings to front streets, not parking areas Orient around a central spine street or accessway (for multi-building developments) Locate and configure outparcels and their buildings to define street edges, development entry points, and gathering spaces Use design features (canopies, recesses, arcades, raised parapets, roof forms, adjacent display windows) to establish clearly defined, highly visible, primary building entrances Use design features to configure tall buildings with a clearly recognizable base, middle, and top Provide wall offsets and other articulation features (changes in color, recessed entrance, awnings, pillars and columns, bay windows, eaves, integrated planters) along a long front building facade and along facades facing residential development Incorporate windows and doors along the front building facade to cover a certain percentage of the façade area (with separate standards for ground floors and upper floors) Ensure ground-level windows that are transparent, allowing views into the building Provide a variety of sloping roof planes Incorporate roof line changes reflecting the required façade massing changes Locate and configure roof-based mechanical equipment to minimize view from street Locate surface parking areas to the side or rear of buildings or limit parking areas between buildings and the street Limit frontage taken up by parking located to the sides of buildings Organize large surface parking lots into a series of parking bays surrounded by buildings, landscaped medians, or accessways designed to look like streets Locate storage buildings, garbage and recycling facilities, and other service areas to be conveniently accessible to occupant, yet minimize noise and odor impacts on the occupants and on adjacent residential development Enclose, incorporate into overall building design, or otherwise fully screen outdoor storage, garbage and recycling facilities, and other service areas from view from the street and adjacent residential development Provide outdoor gathering spaces such as courtyards, plazas, pocket parks Provide pedestrian amenities such as plazas, seating areas, or gathering spaces between buildings Locate and configure open spaces so they are visible from buildings Limit the size of nonresidential structures within 100 feet of single-family homes; also establish rules governing roof treatment, glazing, and façade treatment in the edge areas adjacent to single-family development. Limit the hours of operations involving outdoor areas adjacent to residential development II-71

84 II. Diagnosis Fencing (A) Current Regulations Fencing requirements, along with exterior lighting requirements (discussed below), have a significant impact on a community s safety and aesthetics. Regulations governing fencing are located in a number of locations in the current zoning ordinance. Section places height limitations on fences and prohibits fences or walls in required yards that impede site vision clearance for driveways or streets and vinyl or plastic tarps as fencing materials. Fences or walls that would obstruct visibility within site triangles at intersections are prohibited (Section ). There are also fencing requirements for specific land uses (e.g., mini-warehouses) and fence or wall options listed for street protective yards and for the screening of loading areas, trash collection areas, and display areas (B) Recommendations Many communities who initiate efforts to improve development quality have added or modified fencing and wall standards, and this is an area the city might also consider modifying to achieve higher-quality development. We would suggest building upon and strengthening the current regulations. It should also be noted that if new fence standards are prepared, they must be carefully tailored for infill projects so that they do not thwart infill development. Table 2.6.8, Potential Fencing and Wall Standards, provides a sample of the types of standards that have been adopted by other jurisdictions. Standard Location Alleys Temporary Fences Landscaping Security Exemptions Customary Materials Table 2.6.8: Potential Fencing and Wall Standards Potential Requirements Fences are permitted on the property line between two or more parcels of land held in private ownership Standards for fences and walls adjacent to alleys Temporary fences for construction sites or a similar purpose shall comply with the requirements of the building code adopted by the city and the standards of the development code Standards that require fences over four feet in height and within 20 feet of a public street right of way required to incorporate modest landscaping to help prevent fence canyons along public streets Provisions that allow for some fences to have taller height to protect public uses or to incorporate barbed or concertina wire Fences and walls shall be constructed of any combination of treated wood posts and planks (rot-resistant wood, such as cypress or II-72

85 Standard Maintenance Required Table 2.6.8: Potential Fencing and Wall Standards II. Diagnosis Potential Requirements redwood), wrought iron, decorative metal materials, brick, stone, masonry materials, or products designed to resemble these materials. All other fence materials are prohibited All fences and walls required to be maintained in good repair and in a safe and attractive condition including, but not limited to, the replacement of missing, decayed, or broken structural and decorative elements. All fences and walls shall receive regular structural maintenance to prevent and address sagging and weathering of surfaces visible from the public right-of-way Exterior Lighting (A) Current Regulations Section , which establishes parking lot design standards for subdivisions, requires lighting to be arranged so as to reflect light away from any residential area and to not affect safe vision of drivers on the adjacent roads. Zoning standards for parking areas have the same requirements (Section ). Regulations for specific uses also address lighting. For example, the standard for the active recreation land use requires all light to be directed on-site and not adversely impact surrounding properties by increases in ambient light levels (B) Recommendations While the city s regulations address some of the basic elements of best practices regarding exterior lighting, they are not uniformly applied to all development and are in need of modernization. Clear and enforceable exterior lighting standards are not hard or lengthy to draft. Initially, we suggest the rewritten regulations update the current lighting standards to apply generally and uniformly to all development (with limited exceptions). We also suggest the rewritten regulations establish objective, measurable standards that address all of the key issues of concern, including: Mandatory use of full cutoff light fixtures to prevent light overflow and glare on adjacent lands. Minimum energy efficiency standards, all of which are achievable through off-the-shelf products. Minimum and maximum foot-candle limits to ensure adequate lighting of public and parking areas, and to prevent glare. II-73

86 II. Diagnosis Maximum light fixture pole or mounting heights that vary for different development contexts (shorter in residential areas and taller in industrial areas). Prohibitions on canopy lighting that extends below the edge of the canopy. Prohibitions on full floodlighting of uniquely colored or designed facades (which turns an entire building façade into a form of signage). Prohibitions on the uplighting of signs, monument features, buildings, and the like. Light uniformity standards, to ensure that parking areas and pedestrian areas do not create edges where brightly lit areas are adjacent to dark areas (which provide opportunities for crime and mischief). II-74

87 II. Diagnosis Theme 3. Modernize the Regulations to Encourage and Support Infill and Redevelopment 3.1 BACKGROUND Many modern development codes employ flexibility provisions and incentives to support and encourage infill redevelopment. Plan Columbia is clear that supporting redevelopment that conforms to the desired character of the area in is a key city goal. 43 There are, however, challenges. Infill development sites, many times (but not always), are passed over sites usually for a reason. Otherwise, an efficient market would have already developed the site. As a result, the passed over infill sites are often more expensive to develop than nearby lands, which makes the economics of development more difficult and reduces the number of developers willing to take on the challenge. In other instances infill sites are in economically depressed areas of the community. Another potential obstacle is that, by definition, infill sites have neighbors, and neighbors often object to change. Whereas a greenfield site approval may face little opposition because either there are few neighbors or those neighbors are themselves interested in subdividing their land in the future the areas surrounding an infill site often form a rich mine of Not In My Back Yard (NIMBY) objectors to development. Instead of seeing an opportunity to increase the efficiency of the area development pattern and road, water, and sewer systems, neighbors see an erosion of the character of the area. Because of general opposition to change, it is often more difficult to obtain development approval for infill sites. 43 Pages 11 through 14 of the Plan Columbia land use plan provide guidelines based on development context. Those guidelines refer to adaptive reuse, infill projects, redevelopment, and greenfield developments. The discussion here relates to redevelopment generally, which could consist of adaptive reuse, infill projects, or redevelopment. II-75

88 II. Diagnosis The current development regulations have in some instances resulted in additional obstacles for redevelopment (even though there has been a concerted effort by the city to support infill development). Some of the zone districts, especially some of the residential districts, have resulted in nonconformities, making it difficult for redevelopment or expansion of sites to occur without a change in the regulations or permit approvals which could require public hearing(s). In other instances, one size fits all landscaping and parking standards present significant obstacles to redevelopment (e.g., due to buffer yard requirements or parking space requirements), even though alternative approaches could be used that would remove the obstacles to redevelopment without undercutting the purposes of the regulations. The rewritten regulations need to reverse this situation, and make infill development in desired locations the preferred and easier form of development. Achieving a system that promotes good infill development, while somewhat challenging technically, is possible because the appropriate zoning tools are available. In considering the appropriate tools for Columbia, it is important to keep in mind there are generally two regulatory components that are key in ensuring that zoning supports desired infill development. First, the regulations need to make sure new infill development fits into either the existing context or the planned context for the area. At a minimum, that means the infill does not overwhelm transportation systems or other public infrastructure and is consistent with the general character of the area or neighborhood where it is located. This can be accomplished by providing objective development standards (zone district regulations and other relevant standards) and making sure that the standards are consistent with the desired character of the area. That way when new infill occurs, the standards ensure it fits in. The second key component is to ensure the procedural path to the desired type of infill is streamlined, making it procedurally easy to occur; experience teaches this means not only establishing streamlined development review procedures, but also including flexibility provisions in the regulations that allow for minor II-76

89 variations to the objective standards, as long as the variations do not undermine the desired character of the area RECOMMENDATIONS With these considerations in mind, we recommend the city consider including the following changes to the rewritten regulations to better support and encourage infill redevelopment at desired locations: II. Diagnosis As discussed in Sections 2.6.2, Refine and Modernize Off-street Parking and Loading and Add Bicycle Standards, and 2.6.3, Refine Landscaping Standards, revise standards to respond to the different development contexts in the city (the Downtown, Activity Centers, and the other areas); Evaluate and modify where appropriate, the zone district regulations, to ensure the standards are consistent with the desired character in different places in the community. Include contextual compatibility standards in selected zone districts to stimulate redevelopment by minimizing nonconformities. Add an administrative adjustment procedure to allow administrative approval of minor adjustments to dimensional and certain development and design standards to allow for more flexibility, especially for infill sites. Carry forward the existing alternative compliance provisions for landscaping and consider broadening their application to other standards. Add provisions linking compliance with nonconforming site features to the level of redevelopment investment being made. Each recommendation is discussed below Revise the Off-Street Parking and Landscaping Standards to Recognize the Different Development Contexts in the City and Account for Infill Situations In many respects Columbia is a dual personality community. The development template in the Downtown and in areas surrounding the Downtown is urban in character -- with a grid street pattern, sidewalks, buildings with consistent setbacks, and generally higher-densities and some 44 The reason for this, as discussed above, is that many times infill sites are difficult sites to redevelop; flexibility provisions allow the redevelopment to happen, while ensuring the desired character is maintained. II-77

90 II. Diagnosis mixed-use development. Densities and intensities are also more intense along certain corridors, and other locations that Plan Columbia characterizes as activity centers. The lands outside these areas are suburban in nature, with curvilinear streets, blocks that follow topographic changes, larger ranges in lot size, shape, and configuration, and less regularity in building placement and architecture. Many times, when development standards apply a one size fits all standard and are designed for suburban contexts, they result in nonconformities or create significant obstacles to redevelopment. In some respects, that is the case with some of the city s current development standards. For example, the current buffer transition yard standards are quite suburban in nature, and under any circumstance require much larger buffer yards than zoning best practices suggest for buffer yards in urban areas impeding redevelopment in the more urban places in the community. The off-street parking standards create similar problems for some sites. These problems are avoided when development standards recognize the different contexts in a community, and are not designed in a one size fits all way. For example, the buffer transition yard standards can be designed to recognize urban versus suburban contexts, with smaller buffer widths and greater opacity standards in the urban locations; other landscaping and the parking standards can also be refined to recognize these different contexts. We recommend this be done in the written regulations (see Section (B) of the report) Evaluate and Modify Zoning District Regulations to Address Nonconformities and Align Them with the Desired Character Today, there are a number of lots in the city that do not conform with the minimum lot area or width requirements, for a variety of reasons, particularly in some of the residential neighborhoods. These nonconforming situations prevent redevelopment of these sites, or even regular maintenance or upkeep, even though in most instances the redevelopment requested is consistent with the existing development fabric and is something the community would support. In part, this situation has been created by some of the current zone district regulations which were adopted years ago, and are designed for a suburban context. To address this problem, we recommend that in the drafting stage we evaluate these districts and their dimensional and other standards, and II-78

91 II. Diagnosis refine them to address the nonconformities and ensure they will result in the community s desired character Include Contextual Compatibility Standards in Selected Zone Districts To assist in addressing this nonconformity situation created by some of the current zone districts, we also recommend the rewritten regulations use and apply contextual compatibility standards in some of the zone districts. Contextual compatibility standards have been successfully used in a number of modern codes for this purpose. They supersede the dimensional standards in the base zone district in order to allow expansions and redevelopment consistent with the existing fabric of the area, even if that fabric does not comply with the zone district standards. They, for example, might establish a rule (superseding the dimensional standards in the zone district) that requires the lot area, setback, and height standards in the zone be between percent of the average setbacks, lot area, and height of the lots and development on the same block face. Under this type of rule, as long as development is consistent with the existing development context on the block (or within a certain number of feet of the development), it is considered conforming and could be redeveloped under the regulations Add Administrative Adjustment Procedure Section (E)(5), Add an Administrative Adjustment, of the report discusses adding an administrative adjustment procedure in the rewrite. It is one tool that many communities use to allow greater flexibility, especially for infill redevelopment. The administrative adjustment allows a minor departure from a dimensional standard (like a setback) or development standards (like the amount of required parking) in cases where such departure better serves the intent of the regulations. These kinds of minor departures from standards are reviewed and approved administratively (by the Zoning Administrator) based upon an established set of clear and measurable criteria. They are accomplished outside of the variance process, and as such, do not rely on demonstration of a hardship. We recommend that an administrative adjustment procedure be added to better support redevelopment in the city. II-79

92 II. Diagnosis Carry Forward the Existing Alternative Compliance Provisions and Consider Broadening Their Application One trend in modern development codes which the city embraces is to allow alternative forms of compliance for one or more development standards. The city is currently doing this for landscaping. The process involves the submittal of an alternative plan that describes the alternative form of compliance and how it meets or exceeds the minimum standards in the ordinance. These provisions should be carried forward, and as the drafting occurs, we suggest other standards be considered where the use of alternative compliance provisions might be appropriate Add Provision Requiring Scaled Compliance of Nonconforming Site Features The current development regulations do not address nonconforming site features (e.g., nonconforming landscaping, signage, parking, screening, fencing, design, etc.), and in these instances a variance is often required, which is an expensive and complex manner of addressing the issue. Alternatively, nonconformity provisions can help address this issue administratively; many modern codes use this approach, and it is considered a best practice. We recommend the city consider adding rules requiring scaled compliance for certain nonconforming site features (off-street parking, landscaping, and signs) as part of the rewrite. Typically, such provisions balance the need to bring redevelopment into conformity with the costs and site constraints of bringing nonconforming features into compliance. This is done through establishment of a sliding scale requirement, based on the value of the remodeling done, or the extent of the expansion of the structure. The greater the value of the remodel, or the greater the expansion, the more the developer has to bring the site into compliance with the nonconforming site features. The city selects the breakpoints at which the sliding scale increases. As an example, the provision might establish a rule that remodels costing less than 25 percent of the structure s assessed value might not trigger the need to address any nonconforming site features; remodels between 26 and 75 percent of the structure s assessed value would require an applicant/developer to bring the site s compliance up to current standards by a percentage amount equivalent to the amount being spent; and remodels in excess of 75 percent of the assessed value would require full compliance. With respect to expansions, the rule might be that an expansion of 20 II-80

93 II. Diagnosis percent or less would not be required to bring the site further into compliance; expansions between 26 and 60 percent would require an applicant/developer to bring the site s compliance up to current standards by a percentage amount equivalent to the expansion; and expansions greater than 60 percent would require full compliance. Sites changing uses might be required to achieve full compliance with the standards. Finally, the standards would include an important safety valve provision that allows for a waiver of requirements in cases where there are physical constraints on the site that prevent upgrading certain nonconforming elements (e.g., where there is insufficient room to accommodate all required parking spaces), but would require compliance to the maximum extent practical. II-81

94 II. Diagnosis Theme 4. Support and Encourage Sustainable/Green Building Practices 4.1 INTRODUCTION, POLICY DIRECTION AND STAKEHOLDER FEEDBACK The built environment and the natural environment interact in ways that can have profound consequences for both. The impacts of the historic floods in October 2015 underscore the need to consider how the city s development regulations can encourage development which supports and is well integrated with natural systems. The city has established policies and taken steps to support sustainable/green building practices, including the Climate Protection Action Campaign; the co-signing of the U.S. Conference of Mayor s Climate Protection Resolution in 2006; 45 Clean Water 2020; 46 and the Sustainable Energy Plan for Central Midlands. 47 The Plan Columbia land use plan and The Columbia Plan 2018 include guidelines and policies that support: Adaptive re-use and redevelopment, preservation of existing structures, infill development, better connectivity in new development, and multimodal transportation (less pollution from vehicles); Protected open space, open space networks, urban forests, and greenways (more robust green infrastructure); 45 The Climate Protection Action Committee s (CPAC) focal areas include air and water quality, energy conservation, transportation, and green businesses. CPAC is a volunteer group established by the city for the purpose of identifying measures that can be taken to reduce greenhouse gases. Organized shortly after the city signed the U.S. Conference of Mayors' Climate Protection Resolution in October 2006, CPAC focuses on community outreach and education programs to encourage sustainable practices This multi-year program improves water quality and protects health and safety by focusing on wastewater infrastructure renewal and upgrades, and operational improvements. Its mission is to...provide the city and its customers with a sustainable, well-maintained, and reliable wastewater system The Sustainable Energy Plan for Central Midlands (2012) is South Carolina s first regional energy plan, and was jointly developed by Lexington and Richland counties, and the City of Columbia. The plan identifies energy conservation strategies, and helped secure federal grant dollars for energy efficiency retrofits in publicly-owned buildings. The plan also includes broader sustainability recommendations in areas such as land use, transportation, water/wastewater, and recycling. II-82

95 Water quality; II. Diagnosis Renewable energy and energy conservation (less pollution from power generation); and Floodplain management (resiliency and resource conservation). Interviewees and comments from the participants at the May 2015 Shaping Columbia public workshop, also voiced strong support for incorporating provisions in the development regulations for sustainable/green building practices, as did survey participants CURRENT REGULATIONS Despite some basic environmental protection provisions such as pollution control 49 and incentives and requirements related to cluster housing, 50 shared parking, and landscaping and tree protection, 51 the current regulations lack standards and incentives to support green building practices and the procedures needed to implement them. For example: Alternative energy systems like solar and wind are not mentioned; Low impact development, green building, rain gardens, and bioswales are not defined in the current zoning land development regulations; Environmental site design, community gardens, and produce stands are not mentioned; Farmers markets are defined and recognized as an allowed use in certain locations; Tree protection canopy is defined and recognized, and standards on tree canopy protection are included in the amendments to the landscape 48 When asked to rate the importance of supporting sustainable development practices in the new code, participants at the public meeting, and those responding to the survey questionnaire on the project website gave it a high rating 4.3 out of 5 (with 5 being the highest rating and 1 being not important at all). Survey participants generally supported a range of sustainable development practices, including promoting transportation alternatives (transit/biking), ensuring tree protection, protecting natural areas, encouraging green building and site infrastructure, energy efficiency (particularly with respect to historic areas), walkability and alternative transportation, and protecting resources. 49 Pollution control regulations regulate toxic, noxious, and dangerous substances which may threaten public health and safety (Sec ). 50 Cluster housing provisions are part of the subdivision regulations; they are intended to generate savings in infrastructure installation, land resources, and energy use through the concentration of dwellings, construction, and physical impact to specific areas of a parcel by allowing for variation in lot size, shape, and orientation without an increase in overall density. 51 Provisions include tree retention and replanting requirements and protection of existing trees during construction. II-83

96 II. Diagnosis standards, but they are very general, and do not place specific protections on existing tree canopy; Certification for programs like Green Globe, National Green Building Standard (NGBS), Energy Star, Leadership in Energy and Environmental Design (LEED), and Envision, are not mentioned; and Recycling is mentioned, but only in the context of defining use and development standards for recycling stations. In contemplating new regulations, it is important to recognize that green building practices involve much more than the design of individual buildings. In reality, by the time specific buildings are being designed, many opportunities to improve energy conservation (e.g., through groundmounted solar facilities), stormwater management (e.g. through low impact development or environmental site design), or to reduce vehicle miles traveled (e.g. via better through-connectivity) through better site design will have been lost unless tools to promote those results are included in the development regulations. Not only can including such tools in the regulations reduce the cost of development both initially and in the long run but it can also move the city toward the vision established in the Plan Columbia land use plan and The Columbia Plan Significantly, the inclusion of green building tools can reinforce the perception among citizens that the development regulations reflect their values on a topic that is important both locally and globally. 4.3 RECOMMENDATIONS Based on direction from adopted plans and input from stakeholders and the public, we recommend the new regulations include provisions that define, encourage, and support green building practices, and are compatible with regulations outside of the current zoning and land development regulations. In over two decades of practice, we have learned several important lessons about how to promote green development in land use regulations. These key lessons are: First, include the tools for green building in the development regulations. This means providing explicit definitions in the regulations for key terms like wind, geothermal, and solar energy systems, environmental site design, natural stormwater infrastructure, connectivity, drip irrigation systems, bioswales, rain gardens, rain barrels, electric vehicle charging stations, alternative fuel filling stations, and recycling collection, transfer, treatment, and disposal facilities. Second, remove barriers to market driven innovations in these areas. Explicitly address where on residential, commercial, mixed-use, II-84

97 II. Diagnosis industrial, and raw land sites solar, geothermal, and wind energy systems may be installed both as accessories to another primary use of the land, and as primary uses of the land. Do not require variances or approvals for installing smaller and accessory devices, and remove the requirements for building permits for those devices where possible. For larger and primary devices, establish objective standards and allow by right development subject to those standards wherever possible. Ensure that site design and landscaping standards do not prohibit bioswales, rain gardens, and other low impact development practices, but instead allow them to be counted towards required open space set-asides and landscaped areas. Third, create meaningful incentives for those features that are most expensive and hardest to achieve. Resist the temptation to write an incentive for each desired site feature, because most of them will be ignored. Resist the temptation to give token incentives that do not begin to offset the added cost of installing the facility just to say that the regulations include an incentive. Development incentives must be designed strategically, and must be balanced with incentives needed to achieve other important goals. There are market driven cost and operating incentives that can encourage installation of smaller site features without the need for additional incentives in the regulations. Fourth, write reasonable, objective, and enforceable standards for the green building features that can be included at low or moderate cost during early phases of site or building design. There are a variety of energy conserving, water conserving, low impact development, and resource recycling features that can be included at low cost (with rapid repayment of those costs), where the additional cost is easily offset by the savings in time and expense by avoiding a variance procedure. These are the tipping point issues areas where efficient market driven solutions are easily available, and the role of the development regulations is to strongly encourage their use through reasonable standards and procedural efficiencies. Finally, be sure to coordinate the standards and incentives in the development regulations with related provisions of the building, energy and plumbing codes. Generally, if the topic is adequately addressed in other codes (e.g. incentives or allowances for building mounted solar collectors), they should not be repeated in the development regulations, because repetition often leads to inconsistencies over time. On the other hand, site design features (e.g. ground mounted solar collectors or bioswales) can and should be addressed in the development regulations II-85

98 II. Diagnosis with little worry that those provisions will become inconsistent with other code provisions over time. We recommend that the new development regulations define terms, remove barriers, and adopt reasonable regulations following the principles above, for the following types of green building practices: Alternative energy systems that would include, but not be limited to, solar energy systems, solar collectors, solar arrays, wind energy conversion systems (WECs), other wind energy systems, geothermal systems, electric vehicle charging stations, and alternative fuel filling stations; Energy conservation techniques and devices including, but not limited to, green roofs, roof gardens, and cool roofs; Water conservation techniques and devices including, but not limited to, xeriscape, drip irrigation systems, bioswales, rain gardens, rain barrels, and water cisterns; Low impact development/environmental site design standards for stormwater management; Conservation of green infrastructure including, but not limited to, tree protection, the provision of open space-set-asides, the protection of wetlands, rivers, streams, and other riparian areas, and the protection of and building practices in floodplains; Urban agriculture activities including, but not limited to, community gardens, produce stands, farmers markets, and vegetable gardens and the raising of a limited number of animals (like chickens, ducks, and rabbits) in specified residential zone districts; Compact, walkable urbanism that supports market driven and higher development densities with a mix of uses in key places, together with requirements for pedestrian and bicycle connectivity and a strong focus on the quality of the streetscape; Housing diversity by increasing the housing options available to residents in close proximity to services, by right or subject to use specific standards. These types of housing might include small-scale forms of attached dwellings (duplexes, triplexes, quadplexes, mansion apartments, courtyard apartments, accessory dwelling units, senior housing, ECHO housing, and micro-units) that not only promote affordability but limit the impact of new development on the land; and Recycling collection, transfer, treatment, and disposal facilities. This will require changes to at least the following sections of the regulations: II-86

99 Definitions. II. Diagnosis Permitted uses to better address renewable energy facilities, various recycling facilities as primary uses of land, urban agriculture, and housing options. Use-specific standards to better establish where on a site accessory renewable energy facilities or WEC s can be located. Dimensional standards to establish maximum heights and setbacks of renewable energy and low impact development features. Parking standards to accommodate electric vehicle charging stations and improved van and carpool provisions. Landscape and buffer standards to make the use of low impact development techniques at least as easy, if not easier, to approve as part of an integrated landscaping and open space plan for the site. Open space set-aside standards to refine the open space set-aside requirements for the protection of green infrastructure, and provide credits to protect green infrastructure in locations emphasized by the city plans. Tree protection standards to increase the protection of tree canopy and practices during construction on a site. We also recommend that the new regulations include meaningful incentives for these or similar types of sustainable development practices: construction of high-rated buildings under LEED or an equivalent rating system or compliance with specific standards from an environmental rating system (e.g., Sustainable Sites) that are included in the new regulations. Finally, we recommend coordinating the new standards and incentives with related provisions of the building, energy and plumbing codes, to ensure there are no conflicts and that the provisions are mutually supportive. II-87

100

101 III. Annotated Outline III. ANNOTATED OUTLINE OF THE NEW UNIFIED DEVELOPMENT ORDINANCE This part of the Assessment provides an overview of the proposed structure and general substance of the new zoning ordinance if the issues identified in Part II are addressed as suggested. As part of the review and discussion of the Assessment, the city can provide more detailed direction about the nature and scope of the new ordinance and specific provisions. When this process is completed, the Clarion team will undertake the actual drafting of the new zoning regulations. The following pages are a general outline of the new regulations. We view the annotated outline and the previous parts of the Assessment as vehicles for helping to define expectations about what is to be accomplished in the new zoning ordinance before beginning the detailed drafting work. In addition to providing a road map for drafting the new ordinance, the outline provides an organizing framework for continued conversations with the city about key zoning and land development (subdivision) issues. The sidebar outlines the proposed new structure, which includes nine articles. III-1

102 III. Annotated Outline ARTICLE 17-1: GENERAL PROVISIONS Article 17-1: General Provisions, builds on and consolidates various provisions in the current zoning regulations and land development (subdivision) regulations. It contains important general provisions that are relevant to the regulations as a whole. Many of these provisions are in the current regulations. There are also some new sections. Article 17-1: General Provisions, plays an important part in making the regulations user-friendly by including certain overarching principles and establishing a clear basis for the authority by which the regulations are adopted and administered. These boilerplate sections will state the title of the document, the legal authority by which Columbia regulates land use, zoning, and land development (subdivision), and the general purposes for the regulations. The sections will clarify who is subject to the regulations, establish transitional provisions, include provisions for vested rights, address the severability of individual provisions and the repeal of the current regulations, and establish a date when the new regulations become effective. Section TITLE This section carries forward and builds on Section 17-52, Title of Article, of the current regulations. It will set forth the official name by which the regulations may be cited (e.g., The Unified Development Ordinance of the City of Columbia ) as well as any acceptable shortened references (e.g., the UDO or this ordinance ). Section AUTHORITY This section carries forward and builds on Section 17-51, Purpose and Scope of Article; Statutory Authority; Section , Statutory Authority, and Section , Purpose and Authority, but is limited in scope to provisions related to authority (Purpose and Scope is removed from this section and discussed in the following section). The section will contain references to the authority by which the city has to adopt the zoning and land development (subdivision) regulations under the S. C. Code. It will also include a provision stating that if the regulations cite a provision of the S. C. Code or federal law that is amended or superseded, the regulations will be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. III-2

103 Section GENERAL PURPOSE AND INTENT III. Annotated Outline This section consolidates and builds on statements of purpose provided for the various articles in the current regulations 52 and relocates provisions related to purpose and scope to this new section. A general purpose and intent section can inform decision-makers in future years about the intent of the City Council when they adopted the regulations. It will include statements from the S. C. Code as well as relevant goal statements from Plan Columbia related to the city s growth and development goals. Purpose statements related to the zone districts, the standards, and the procedures will be located in those specific provisions. Section APPLICABILITY This section makes clear who is subject to the requirements of the regulations. It builds on Section 17-51, Purpose and Scope of Article; Statutory Authority, and relocates provisions related to applicability to this new section. It will state that unless stated otherwise, the standards and requirements of the regulations apply to all development within the corporate limits of the city. It will also include a section on exemptions. Section IN ACCORDANCE WITH COMPREHENSIVE PLAN This is a new section. It will state that one of the general legislative intents of the UDO is to implement the adopted comprehensive plan. The statement will be general in nature. The Plan Columbia Land Use Plan and The Columbia Plan will not be specifically identified here as the comprehensive plan, as they will be updated over time, and the document names might change. Section RELATIONSHIP WITH OTHER LAWS, COVENANTS, OR DEEDS This section will provide that in case of conflict between the UDO and other legislative enactments of the federal government, the state, or city, the stricter provision shall apply to the extent allowed by law. The section will also express that it is not the intent of the regulations to annul private covenants, easements, or other agreements, but if the regulations establish stricter requirements, they control. The section will also clarify that the city will not be responsible for monitoring or enforcing private easements, covenants, and restrictions, though it may inquire into private easements and restrictions in reviewing plans for the purpose of ensuring consistency with city requirements. Section OFFICIAL ZONE MAP This section incorporates by reference the Official Zone Map as well as any related maps. It will provide for amendment of the Official Zone Map upon the approval of a rezoning application. It will clarify that the Official Zone Map is now maintained in a digital format. It will also: Incorporate and refine the provisions in the existing regulations that relate to boundary interpretations. 52 Statements of purpose are found in the following sections in the current regulations: Section 17-51, Purpose and Scope of Article; Statutory Authority (Article III. Zoning); Section , Purpose of Article (Article IV. Subdivisions); Section , Purpose of Article (Article V. Historic Preservation and Architectural Review); Section , Purpose and Authority (Article VII. Tree Preservation/Protection When No Development Permit is Required); and Section , Purpose and Authority (Article VIII. Columbia Tree and Appearance Commission; Authority of Forestry and Beautification Superintendent; Tree Preservation and Care on City Property and Public Rights-of-Way). III-3

104 III. Annotated Outline Identify the Zoning Administrator as the person authorized to interpret the Official Zone Map and determine where the boundaries of the different zone districts fall, if in dispute. It will also provide that appeals from the Zoning Administrator s interpretations may be made to the Board of Zoning Appeals. Section TRANSITIONAL PROVISIONS This is a new section that does two things. First, it outlines the translation from the current line-up of zone districts to the new line-up of zone districts with the adoption of the new UDO. This is done by including a table of the former zones along with the corresponding new zones and overlays being adopted by the new ordinance. Table : Proposed Zone District Structure, which sets out the current zone districts and how they would be treated in a new ordinance, would serve as the basis for the translation table. Secondly, the section establishes rules governing continuing violations of the regulations, pending development applications at the time of adoption, and existing development approvals. More specifically, it provides subsections that provide the following: Violations of the current regulations continue to be violations under the new regulations (unless they are no longer considered violations) and are subject to the penalties and enforcement provisions set forth in Article 17-8: Enforcement. Applications submitted after the effective date of the new regulations are subject to the procedures and standards of the new regulations. Completed applications that are already in the development approval pipeline at the time the regulations are adopted may be processed under the provisions of the prior regulations. If an applicant seeks to proceed under the standards in the new regulations (instead of the regulations in place at the time the application was originally submitted), the applicant may do so, but will need to withdraw the application and resubmit it. Existing development approvals and permits will be recognized as valid. These approvals and permits may proceed with development, as long as they comply with the terms and conditions of their approvals, and the rules in existence at the time of their approval. Substantial amendments to the approvals will subject the site to the new regulations. Section VESTED RIGHTS This section on vested rights carries forward and builds on Section 17-2, Establishment and Conditions of Vested Rights, in the current zoning regulations. Section SEVERABILITY This section builds on Section 17-3, Conflicting Provisions, in the current regulations, but expands the scope beyond timeframes. It will indicate that in the event that certain portions of the regulations are determined to be invalid, such a finding will not render other provisions invalid. Section REPEAL OF PREEXISTING REGULATIONS This new section will repeal the current zoning ordinance and land development (subdivision) regulations upon adoption of the new Unified Development Ordinance. III-4

105 Section EFFECTIVE DATE III. Annotated Outline This new section builds on Section 1-7, Effective Date, in the current ordinance. It will establish the effective date of the new Unified Development Ordinance. III-5

106 III. Annotated Outline ARTICLE 17-2: ADMINISTRATION For regulations to be effective, it is important that development review processes are efficient and that the community's substantive planning and development goals are embedded in the development review standards. An efficient process is achieved when the general framework for review is not redundant, the procedures used and the review standards included result in a reasonable degree of certainty, and the review process for each type of development approval is streamlined to the greatest extent possible without sacrificing assurance that the relevant substantive planning and development goals are used in making development decisions. As described in Theme 1: Create a User-Friendly Code, it is important that the regulations be logically organized, clearly labeled, and concise. This will be accomplished in large part by consolidating all review procedures into Article 17-2: Administration, eliminating redundant procedures, and placing detailed application-specific information in a Procedures Manual (or an appendix). As discussed in Section (E), Application-Specific Streamlining, of the Assessment, this article consolidates all development review procedures and creates a set of standard procedures that apply to all development applications. It also makes changes to the development review procedures to streamline and simplify the review process. Article 17-2: Administration includes the following three sections: Advisory and Decision-Making Bodies and Persons, which summarizes the development review responsibilities of the review boards and staff; Standard Review Procedures, which establishes a standard set of review procedures for the review of development applications; and Specific Standards for Development Applications, which includes the specific review standards and any unique procedural review requirements for each individual application. Section ADVISORY AND DECISION-MAKING BODIES AND PERSONS The first section in the article identifies the advisory and decision-making bodies and staff responsible for the review and administration of development under the UDO. Provisions such as these help to establish clear lines of authority in the decision-making procedures. This section will identify the specific responsibilities of each review board or staff person. Table , Proposed Development Review Procedures, City of Columbia, provides an overview of the new proposed development review procedures. III-6

107 CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS FORM-BASED CODE S DESIGN DEVELOPMENT REVIEW COMMISSION CITY ENGINEER ZONING ADMINISTRATOR LAND DEVELOPMENT ADMINISTRATOR III. Annotated Outline TABLE PROPOSED DEVELOPMENT REVIEW PROCEDURES, CITY OF COLUMBIA D = DECISION R = RECOMMENDATION A = APPEAL <> = PUBLIC HEARING PROCEDURES DISCRETIONARY APPROVALS Text Amendment <D> R R Zoning Map Amendment <D> R R Planned Unit Development R <D> R (PUD-G and PUD-TND) Historic Districts and Landmarks R <D> R R Designation (Amendment) Design Districts Designation (Amendment) <D> R R Special Exception Permit <D> <D> 1 Development Agreement <D> <R> Certificate of Design Approval Historic Districts and Landmarks (Consolidated) Major HISTORIC PROPERTIES AND ARCHITECTURAL REVIEW Minor <A> D Certificate of Design Approval Design District (Consolidated) Major Minor <A> D SITE DEVELOPMENT Site Plan (New) Major D R R Minor A R D LAND DEVELOPMENT (SUBDIVISION) Major Plat Sketch Plan A D Preliminary Plat <D> R R Final Plat A D Minor Plat Final Plat A D PERMITS Conditional Use Permit (New) <A> D Tree Removal Permit (New) <A> D Forestry Permit <A> D Sign Permit (New) <A> D Temporary Use Permit <A> D Zoning Permit <A> D <D> <D> R III-7

108 CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS FORM-BASED CODE S DESIGN DEVELOPMENT REVIEW COMMISSION CITY ENGINEER ZONING ADMINISTRATOR LAND DEVELOPMENT ADMINISTRATOR III. Annotated Outline TABLE PROPOSED DEVELOPMENT REVIEW PROCEDURES, CITY OF COLUMBIA D = DECISION R = RECOMMENDATION A = APPEAL <> = PUBLIC HEARING PROCEDURES Administrative Adjustment (New) <A> D Variance Zoning Land Development (Subdivision and Site Plan) Appeals Zoning (Land Development (Subdivision and Site Plan) Interpretations (New) <D> A RELIEF <D> <A> INTERPRETATIONS Zoning <A> D Land Development (Subdivision and Site Plan) <A> 1. The Board of Zoning Appeals Form-based Codes hears appeals to determinations regarding the Bull Street Planned Unit Development (PUD). R D Section STANDARD APPLICATION REQUIREMENTS AND REVIEW PROCEDURES In the current zoning ordinance, all the procedures for the different development applications are set forth in individual permit procedures. As is discussed in Part II of this Assessment, the modern trend in zoning administration is to consolidate these procedures which is what this section on standard application requirements and review procedures does. It establishes the requirements and development review procedures that apply generally to all development applications (if there are exceptions or modifications, they will be identified in Section , Application-Specific Requirements, Review Procedures, and Decision Criteria). Generally, the standard procedures guide the potential applicant through the rules governing who is authorized to submit applications and what application materials and fees are required through the actual application submittal and review stage (the pre-application conference, neighborhood meetings (if appropriate), application submission and completeness determination, staff review, scheduling the public hearing (if one is required) and public notification). Flow charts or other diagrams are included as aids to understanding the review process. SECTION PRE-APPLICATIN NEIGHBORHOOD MEETING See discussion in Section (A), Neighborhood Meetings, for detail on this procedure. III-8

109 III. Annotated Outline SECTION PRE-APPLICATION CONFERENCE See discussion in Section (B), Pre-application Conference, for detail on this procedure. SECTION APPLICATION SUBMISSION This subsection includes procedures related to submitting application materials and required fees, which is what many consider the beginning of the development review process. It establishes general requirements for who may file an application and requires that development applications be submitted according to the form and content requirements established by the Zoning Administrator or Land Development Administrator. The existing regulations include submittal requirements for some development applications. This kind of information contributes to longer and more cumbersome regulations. It is proposed that Section , Advisory and Decision-making Bodies and Persons, authorize the Land Development Administrator to establish application requirements and a submission and review schedule for subdivision and site plan applications, and the Zoning Administrator to establish application requirements and a submission and review schedule for all other types of applications. This subsection would reference those requirements. It is also recommended that the new regulations follow the modern trend in zoning administration with respect to application forms and content requirements by authorizing the Zoning Administrator to consolidate forms, application requirements, fee information, and review and submittal schedules in a separate Procedures Manual. An alternative would be to include them in an appendix to the UDO. Applicants can refer to the Procedures Manual (or the appendix) to determine what materials and fees must be included in the application submission. If the Procedures Manual is used, the city will be able to respond much more easily to changing needs for application requirements, since the manual can be revised by staff without formally amending the zoning regulations. This subsection also includes provisions governing the revision or withdrawal of applications, including rules governing the administrative/staff withdrawal of an application that has been inactive for an established period of time. It also establishes basic guidance concerning the timing under which the application fee for a withdrawn application may be refunded, and the review procedures for resubmitted applications containing substantial changes. In addition, this subsection includes a provision that allows simultaneous processing of applications, at the discretion of the Zoning Administrator, whenever two or more forms of review and approval are required under the regulations, so long as all applicable state and local requirements are satisfied. It concludes with rules governing the examination and copying of application documents and related materials by members of the public. SECTION DETERMINATION OF COMPLETENESS See discussion in Section (C), Application Completeness Determination, for detail on this procedure. SECTION STAFF REVIEW AND ACTION This subsection establishes the standard review procedure for staff (Land Development Administrator or designee for subdivisions and site plans and Zoning Administrator or designee for all other applications) to review and take action on an application (including distributing it to outside agencies for comments). The III-9

110 III. Annotated Outline process for staff's evaluation of the application and preparation of a written staff report or decision will be outlined here for all development applications. SECTION SCHEDULING OF PUBLIC HEARING AND PUBLIC NOTIFICATION This section will include a consolidated set of rules to establish how public hearings are scheduled, requirements for notices of public hearings, and a mechanism for the applicant to request and receive a deferral of consideration of an application. It consolidates public notification requirements for all applications that are subject to public notification requirements. Generally, public notification is required through publication in a newspaper of general circulation, mailing of notice to adjoining landowners, and on-site posting of notice. Specific requirements for each of these different types of notice are provided, consistent with the S.C. Code To the extent we can comply with state law, while at the same time consolidating the notice requirements for the different types of applications for development approval, this subsection will do so. The subsection also includes a provision authorizing that notice for development applications be sent to individuals or organizations who have registered to be notified. We have found it quite helpful in consolidating and simplifying notice requirements to use a table that spells out the general requirements. We propose using that approach in this subsection. An example of the table format from another jurisdiction is reproduced here. In addition, the notification requirements should take full advantage of technology. Where published or mailed notice is not required by the S. C Code, the regulations will use online technology such as , ListServs, social media, or similar tools that avoid the time, cost and waste of printing, to notify the public. As computers, tablets and smartphones have become common, there is no need (other than where required by law) to engage mass mailings or print publications. SECTION ADVISORY BODY REVIEW AND RECOMMENDATION For applications subject to review by an advisory body (e.g., the Planning Commission), this subsection establishes the procedures for review and recommendation. III-10

111 III. Annotated Outline SECTION DECISION-MAKING BODY HEARING, REVIEW, AND DECISION This subsection includes procedures pertaining to the conduct of a meeting or public hearing before the decision-making body (e.g., City Council, Planning Commission, Board of Zoning Appeals) and the body s review and decision on the application. It also describes generally the types of conditions that may be attached to certain forms of approvals granted under the article, written to reflect state law, federal law, and case law, where the procedure expressly allows applications to be approved with conditions. It also establishes lapse of approval provisions. Depending upon the specific type of approval, rules governing extensions are also included, where appropriate. These specify that an applicant may request an extension (for a period up to a limit stated in the ordinance) by submitting a request prior to the expiration period, and that the extension is granted upon a showing of good cause by the applicant. Extensions may be granted by the person or body that granted the approval of the application. SECTION NOTIFICATION TO APPLICANT OF DECISION This subsection explains the various ways in which an applicant receives notification of a decision made by a decision-making body or person. SECTION APPEAL This subsection describes how decisions made in the application review process or in the administration of the UDO may be appealed. Section APPLICATION-SPECIFIC REQUIREMENTS, REVIEW PROCEDURES, AND DECISION CRITERIA This section includes specific review standards applied to individual development applications, and procedural review requirements unique for each individual application. As described in Section 1.7, Streamline Review Procedures, and as shown in in Table , Proposed Development Review Procedures, City of Columbia, it adds, consolidates, and deletes development applications in order to streamlines the review process. Each approval procedure will be accompanied by a review process flowchart. SECTION Section (A) DISCRETIONARY APPROVALS Text Amendments This subsection sets out the procedure for amendments to the UDO text. There will be no changes in the current process. Section (B) Zoning Map Amendments This subsection sets out the procedure for amendments to the Official Zoning Map (rezonings). There will be no changes in the current process. Section (C) Planned Unit Development (all types) This subsection establishes a consolidated procedure for the review and approval of the two proposed planned developments: PUD-G: Planned Unit Development General and PUD-TND: Planned Unit Development Traditional Neighborhood Design. It builds on provisions in Article IV, Subdivisions, Division 8: Planned Developments, and requires PUDs to be approved as rezoning; it also requires concurrent approval of a development plan for the PUD and a PD Agreement. The development plan and PD Agreement will require the PUD address: its development parameters; the development form and other standards that apply to III-11

112 III. Annotated Outline development of the PUD; phasing; and conditions of approval. See Section (E)(1), Consolidate Planned Unit Development Procedures. Section (D) Historic Districts and Landmarks Designations This subsection establishes procedures for designating historic and landmark overlay districts on the zone district map, which is treated as a rezoning. It will build on provisions in Article V: Historic Preservation and Architectural Review. See discussion in Section (E)(7), Clarify Map Amendment Procedure for Historic and Landmark Districts and Design. Section (E) Design Districts Designation This subsection establishes procedures for designating design overlay districts on the zone district map, which is treated a rezoning. See discussion in Section (E)(7), Clarify Map Amendment Procedure for Historic and Landmark Districts and Design. Section (F) Special Exception Permits This subsection builds on the procedures for special exceptions as set forth in Section : Powers and Duties of the Board of Zoning Appeals, in the current regulations. There are no changes in the proposed review responsibilities for a special exception permit. Section (G) Development Agreement As discussed in (E)(4), Add a Development Agreement Procedure, development agreements are agreements voluntarily entered into by a developer of land and a local government having land use regulatory powers over the development of land. Development agreements have been embraced by a number of local governments and landowners/developers because of the increasing complexity of development proposals. They are also welcomed as planning and regulatory techniques that can be used to sensibly achieve planning and regulatory goals in the development review process. Development agreements are generally authorized by S.C. Code , the South Carolina Development Agreement Act. The statute sets out the procedure for review and entering into a development agreement, as well as the rights and responsibilities of a developer and the city in entering into a development agreement. This subsection will establish a procedure for the review and approval of a development agreement, consistent with the requirements of S.C. Code SECTION HISTORIC PROPERTIES AND ARCHITECTURAL REVIEW Section (A) Certificate of Design Approval - Historic Districts and Landmarks This subsection carries forward the certificate of design approval procedures in Article V: Historic Preservation and Architectural Review, Division 2: Preservation Standards for Landmarks and Design Protection Districts, in the current regulations. As discussed in Section (E)(7), Clarify Map Amendment Procedure for Historic and Landmark Districts and Design, this subsection will consolidate review procedures for all historic and landmark, and design overlay districts into two separate review procedures: one for historic and landmark overlay districts and one for design overlay districts. Each will include major and minor certificates, depending on the size of the development proposal. The Zoning Administrator will make decisions on minor certificates. The Design Development Review Commission will make decisions on major certificates. III-12

113 III. Annotated Outline Section (B) Certificate of Design Approval Design Districts See discussion in Section (A), Certificate of Design Approval - Historic Districts and Landmarks. SECTION SITE DEVELOPMENT Section (A) Site Plan This subsection establishes a new site plan procedure that will establish a two-tiered site plan review procedure (major and minor site plan). See discussion in Section (E)(6), Create a Single Site Plan Review. Minor site plans would be reviewed and approved by the Land Development Administrator. Major site plans would be reviewed and approved by the Planning Commission. Thresholds for major and minor site plans would be established during the drafting stage. SECTION Section (A) LAND DEVELOPMENT (SUBDIVISION) Subdivision This subsection will carry forward the current two-tier structure for reviewing and deciding subdivisions (major plats and minor plats). See discussion in Section (E)(3), Streamline Land Development (Subdivision) Procedures. Several procedural revisions are recommended. They include: Authorizing the Land Development Administrator to make decisions on final plats (instead of the Planning Commission); Requiring preliminary plats be subject to a public hearing with the Planning Commission, which allows for timely public input; Adding more specific review standards to the subdivision variance provisions, so that review for land development (subdivision) variances is not so open-ended; and Broadening the threshold for minor subdivisions, consistent with state law. SECTION PERMITS Section (A) Conditional Use Permit As discussed in Section (E)(2), Add a Conditional Use Permit, this subsection establishes a conditional use permit procedure. Like the special exception, the conditional use is generally compatible with the other uses permitted in a zone district, but may require specific limitations placed on its location, design, configuration and density or intensity of use. State statute requires the conditions, restrictions or limitations must be set forth in the text of the regulations. The conditional use permit would be reviewed and decided by the Zoning Administrator. Section (B) Tree Removal Permit This subsection establishes a tree removal permit which would apply to tree removal of protected trees on private property. See discussion in Section (E)(10), Add Tree Removal Permit. The tree removal permit would be reviewed and decided by the Zoning Administrator. Section (C) Forestry Permit This subsection carries forward the current forestry permit, which requires approval of a permit prior to removal of certain trees on city-owned land. There will be no procedural changes. III-13

114 III. Annotated Outline Section (D) Sign Permit This subsection codifies the city s current practice of requiring administrative approval of a proposed sign before it is placed on property to ensure it complies with the sign standards. See discussion in Section (E)(11), Add Procedure for Sign Permit. The permit would be reviewed and decided by the Zoning Administrator. Section (E) Flood Protection Area Development This subsection carries forward procedures for Flood Protection Area Development as set forth in Sec , -FW and FP flood Protection Areas, in the current regulations. Development standards and development review provisions are located in the same section of the current regulations. The new subsection will identify Flood Protection Area Development as a permit type. Section (F) Temporary Use Permit This subsection establishes provisions for a new temporary use permit that will be required prior to establishing certain temporary uses. The permit will be reviewed and decided by the Zoning Administrator. Section (G) Zoning Permit This subsection carries forward provisions set forth in Section 17-83, Zoning Permit, in the current regulations. It requires the issuance of a zoning permit prior to issuance of a building permit to ensure the proposed development complies with all relevant development standards and procedures. The zoning permit is reviewed and decided by the Zoning Administrator. SECTION Section (A) RELIEF Administrative Adjustment This subsection establishes an administrative adjustment as discussed in Section (E)(5), Add an Administrative Adjustment. The administrative adjustment will be reviewed and decided by the Zoning Administrator. Section (B) Variance - Zoning This subsection carries forward the procedures for the review and decision on a zoning variance, with no procedural changes. Section (C) Variance Land Development (Subdivision) This subsection carries forward the procedures for the review and decision on land development (subdivision) variances, with no procedural changes Section (D) Appeal Zoning This subsection carries forward the procedures for appeals of decisions by administrative officials (the Zoning Administrator) under the zoning standards and procedures. Appeals are reviewed and decided by the Board of Zoning Appeals. III-14

115 III. Annotated Outline Section (E) Appeal Land Development (Subdivision) This subsection carries forward the procedures for appeals of decisions by administrative officials (the Land Development Administrator) under the subdivision standards and procedures. Appeals are reviewed and decided by the Planning Commission. SECTION INTERPRETATIONS Section (A) Interpretations - Zoning This subsection establishes a new procedure for formal interpretations of the UDO as discussed in Section (E)(12), Add an Interpretation Procedure. The Zoning Administrator will be responsible for making interpretations on all provisions in the UDO which the Land Development Administrator is not authorized to interpret. The Zoning Administrator s interpretation may be appealed to the Board of Zoning Appeals. Section (B) Interpretations Land Development (Subdivision) This subsection establishes a new procedure for formal interpretations of the UDO as discussed in Section (E)(12), Add an Interpretation Procedure. The Land Development Administrator will be authorized to interpret land development (subdivision) and site plan standards and related issues. The Land Development Administrator s interpretation may be appealed to the Planning Commission. III-15

116 III. Annotated Outline ARTICLE 17-3: ZONE DISTRICTS Article 17-3: Zone Districts, and Article 17-4: Use Regulations, are a central feature of the UDO. They define what may be built on a landowner s property or on the property next door. This article includes provisions that establish all zone districts and describes the purpose of each. It also sets out, in tabular and graphic format, the principal intensity and dimensional standards, and any special regulations unique to a district (if appropriate). In accordance with discussions and suggestions in Theme 2, Implement Plan Columbia, this article consolidates and eliminates some current base zone districts, special purpose districts, and overlay districts, and also adds several new districts. It also reorganizes the districts into base districts, overlay districts, and planned unit development districts. Section GENERAL PROVISIONS This section starts with a subsection that describes base zone districts, overlay districts, and planned unit development districts, and explains how they relate to one another. For example, the subsection describes overlay zone districts as superimposed over portions of an underlying base zone district, which applies additional or alternative development regulations to those applied by the underlying zone district. The second subsection establishes the various zone districts, typically with a summary table that identifies the zone district by name and official abbreviation. The table has a hierarchical format, organizing zone districts first by group (base district, overlay district, and planned development district). Within each group, zone districts are generally listed from the most least to the most intensive. Table , Proposed Zone District Structure, shows both the current and proposed line-up of zone districts. III-16

117 III. Annotated Outline TABLE : PROPOSED ZONE DISTRICT STRUCTURE Current Zone Districts Proposed Zone Districts RESIDENTIAL DISTRICTS Plan Columbia Development Types D-1: Development District LL-R: Large Lot - Reserve -- RS-1: Single-Family Residential District RS-1A: Single-Family Residential RSF-1: Residential Single Family - Large Lot District UER-2: Urban Edge Residential Large Lot RS-1B: Single-Family Residential District RS-2: Single-Family Residential District RSF-2: Residential Single Family - Medium Lot UER-2: UER-1: Urban Edge Residential Large Lot Urban Edge Residential Small Lot RS-3: Single-Family Residential District RSF-3: Residential Single Family - Small Lot UCR-1: UCR-2: Urban Core Residential Small Lot Urban Core Residential Large Lot RD: Two-Family Residential District RD: Residential Two-Family -- RD-2: Mill Village Two-Family Residential District RD-MV: Residential Two-Family - Mill Village -- RG-1A: General Residential District RM-S: Residential Mixed - Small Scale (New) RM-M: Residential Mixed - Medium Scale RG-1: General Residential District MU-L: Mixed-Use - Low Density UCR-1: UCR-2: Urban Core Residential Small Lot Urban Core Residential Large Lot UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed Residential UCR-1: Urban Core Residential Small Lot UCR-2: Urban Core Residential Large Lot UER-1: Urban Edge Residential Small Lot UER-2: Urban Edge Residential Large Lot UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed III-17

118 III. Annotated Outline TABLE : PROPOSED ZONE DISTRICT STRUCTURE Current Zone Districts Proposed Zone Districts Plan Columbia Development Types RG-2: RG-3: General Residential District Townhouse and High-Rise Residential District UTD: Urban Transitional District DELETE MU-M: Mixed-Use - Medium Density MU-H: Mixed-Use - High Density ACTIVITY AND CORRIDOR DISTRICTS AC-N: Activity Center - Neighborhood (New) AC-C: Activity Center - Community (New) AC-R: Activity Center - Regional (New) C-1: Office and Institutional O-I: Office and Institutional -- C-4: C-5: C-2: C-3: MX-1: Central Area Commercial District Central Business District Neighborhood Commercial District General Commercial District Mixed-Use Corridor/Neighborhood District AC-D: Activity Center: Downtown DELETE -- GC: General Commercial -- MU-CC: Mixed-Use- Commercial Corridor MX-2: Mixed-Use Urban District MC: Mixed Commercial -- C-6: C-3A: Limited Commercial District General Commercial Overlay District DELETE -- DELETE -- COR-N: COR-C: COR-R: Neighborhood Activity Corridor (New) Community Activity Corridor (New) Regional Activity Corridor (New) INSTITUTIONAL AND CAMPUS DISTRICTS Residential UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed Residential UCMF: Multi-family UCMR-1: Urban Core Mixed Residential Type 1 UCMR-2 : Urban Core Mixed Residential Type 2 UEMR: Urban Edge Mixed Residential UCMF: Multi-family UCAC-1: UCAC-2: UCAC-3: Urban Core Neighborhood Activity Center Urban Core Community Activity Center Urban Core Regional Activity Center SD-3: Central Business District -- AC-1: Neighborhood Activity Corridor AC-2: Community Activity Corridor AC-3: Regional Activity Corridor III-18

119 III. Annotated Outline TABLE : PROPOSED ZONE DISTRICT STRUCTURE Current Zone Districts Proposed Zone Districts Plan Columbia Development Types I-Gen: Institutional - General (New) I-U/M: Institutional - University and Medical (New) I-Zoo: Institutional - Riverbanks Zoo and Gardens (New) I-FJ: Institutional - Fort Jackson (New) I-T/U: Institutional - Transportation and Utilities (New) INDUSTRIAL DISTRICTS SD-2: Civic/Institutional District SD-5: Universities/Colleges SD-4: Riverbanks Zoo and Gardens SD-6: Fort Jackson M-1: Light Industrial District LI: Light Industrial IND: Industrial M-2: -AP: Heavy Industrial District Airport Height Restrictive Area HI: EC: OV-A: Heavy Industrial District Employment Campus (New) OVERLAY DISTRICTS Airport Height Restrictive Overlay -FW: Floodway Area OV-FH: Floodway Overlay -FP: Floodplain Area OV-FP: Floodplain Overlay -5P: -ID: -NC: -DD: -DP: -CC: Five Points Overlay District Innovista Design District North Main Corridor Design/Development District Design and Preservation Area Community Character Overlay OV-5P: OV- ID: Five Points Design Overlay District Innovista Design Overlay District OV-NMC: North Main Corridor Design Overlay District OV-CC: OV-HP: City Center Design Overlay District Historic Preservation Overlay OV-GATE: Gateway Design Overlay (New) DELETE -- OV-NC-#: Neighborhood Conservation Overlay (NEW) -S: Sign Designated Area DELETE -- -CS: Collector Street Sign Overlay District OV-CS: Collector Street Sign Overlay District -AS: Arterial Street Sign OV-AS: Arterial Street Sign -- TU: Transportation and Utilities IND: Industrial EC: Employment Campus Connections and Design Component of Plan Columbia: Gateways and Corridors -- III-19

120 III. Annotated Outline TABLE : PROPOSED ZONE DISTRICT STRUCTURE Current Zone Districts Proposed Zone Districts Plan Columbia Development Types -FS: Overlay District Freeway Sign Overlay District OV-FR: Overlay District Freeway Sign Overlay District -MU: Multiple Use Areas DELETE -- -PD: Planned Development Area PUD-R: Residential Planned Unit Development District PUD-C: Commercial Planned Unit Development District PUD-LS: Large-scale Planned Unit Development District PUD-LS: Large-scale Planned Unit Development DELETE -- PLANNED UNIT DEVELOPMENT DISTRICTS PUD-G: Planned Unit Development - General PUD-TND: Planned Unit Development - Traditional Neighborhood Design (New) DELETE Section BASE DISTRICTS The base zone districts prescribe allowable uses, the intensity and dimensional standards applicable to development in the zone district, and any other special regulations, if appropriate. The section groups base zone district regulations as follows: Residential Districts; Activity and Corridor Districts; Institutional and Campus Districts; and Industrial Districts. Each group begins with a statement of the general purpose of zone district group. The groups are then followed by subsections setting out the purpose and intensity and dimensional standards, and other special standards, if appropriate. Visually, each district is presented in a reader-friendly multi-page format, along with tables, graphics, and photos that help make the provisions and associated lot patterns easier to identify. An example format from another community is shown in Appendix D, Example Zone District Regulation Format. SECTION Section (A) RESIDENTIAL DISTRICTS General Purpose of Residential Districts This sets out the general purpose of Residential Districts. III-20

121 III. Annotated Outline Section (B) LL-R: Large Lot - Reserve See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (C) RSF-1: Residential Single-Family Large Lot See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (D) RSF-2: Residential Single-Family Medium Lot See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (E) RSF-3: Residential Single-Family Large Lot See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (F) RD: Residential Two-Family See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (G) RD-MV: Residential Two-Family Mill Village See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (H) RM-S: Residential Mixed Small Scale See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (I) RM-M: Residential Mixed Medium Scale See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (J) MU-L: Mixed-Use Low Density See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (K) MU-M: Mixed-Use Medium Density See discussion in Section (A)(1), Residential Districts, of the Assessment. Section (L) MU-H: Mixed-Use High Density See discussion in Section (A)(1), Residential Districts, of the Assessment. SECTION Section (A) ACTIVITY AND CORRIDOR DISTRICTS General Purpose of Activity and Corridor Districts This sets out the general purpose of Activity Center and Corridor Districts. Section (B) AC-N: Activity Center Neighborhood See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (C) AC-C: Activity Center Community See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (D) AC-R: Activity Center Regional See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. III-21

122 III. Annotated Outline Section (E) O-I: Office and Institutional See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (F) AC-D: Activity Center Downtown See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (G) GC: General Commercial See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (H) MU-CC: Mixed-Use Commercial Corridor See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (I) MC: Mixed Commercial See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (J) COR-N: Neighborhood Activity Corridor See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (K) COR-C: Community Activity Corridor See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. Section (L) COR-R: Regional Activity Corridor See discussion in Section (A)(2), Activity and Corridor Districts, of the Assessment. SECTION Section (A) INSTITUTIONAL AND CAMPUS DISTRICTS General Purpose of Institutional and Campus Districts This sets out the general purpose of Institutional and Campus Districts. Section (B) I-Gen: Institutional General See discussion in Section (A)(3), Institutional and Campus Districts, of the Assessment. Section (C) I-U/M: Institutional University and Medical See discussion in Section (A)(3), Institutional and Campus Districts, of the Assessment. Section (D) I-Zoo: Institutional Riverbanks Zoo and Gardens See discussion in Section (A)(3), Institutional and Campus Districts, of the Assessment. Section (E) I-FJ: Institutional Fort Jackson See discussion in Section (A)(3), Institutional and Campus Districts, of the Assessment. Section (F) I-T/U: Institutional Transportation and Utilities See discussion in Section (A)(3), Institutional and Campus Districts, of the Assessment. III-22

123 III. Annotated Outline SECTION Section (A) INDUSTRIAL DISTRICTS General Purpose of Industrial Districts This sets out the general purpose of Industrial Districts. Section (B) LI: Light Industrial See discussion in Section (A)(4), Industrial Districts, of the Assessment. Section (C) HI: Heavy Industrial District See discussion in Section (A)(4), Industrial Districts, of the Assessment. Section (D) EC: Employment Campus See discussion in Section (A)(4), Industrial Districts, of the Assessment. Section SECTION OVERLAY DISTRICTS GENERAL PURPOSE OF OVERLAY DISTRICTS This sets out the general purpose of Overlay Districts. Section (A) OV-A: Airport Height Restrictive Overlay See discussion in Section (B), Overlay Districts, of the Assessment. Section (B) OV-FW: Floodway Overlay See discussion in Section (B), Overlay Districts, of the Assessment. Section (C) OV-FP: Floodplain Overlay See discussion in Section (B), Overlay Districts, of the Assessment. Section (D) OV-5P: Five Points Design Overlay District See discussion in Section (B), Overlay Districts, of the Assessment. Section (E) OV-ID: Innovista Design Overlay District See discussion in Section (B), Overlay Districts, of the Assessment. Section (F) OV-NMC: North Main Corridor Design Overlay District See discussion in Section (B), Overlay Districts, of the Assessment. Section (G) OV-CC: City Center Design Overlay District See discussion in Section (B), Overlay Districts, of the Assessment. Section (H) OV-HP: Historic Preservation Overlay See discussion in Section (B), Overlay Districts, of the Assessment There are currently 13 adopted historic district design guidelines, each contained in separate documents outside of the current regulations. These areas include: Cottontown; Oakwood Court; Earlewood; Granby; Melrose Heights / Oaklawn; Old Shandon / Lower Waverly; Seminary Ridge; University; Wales Garden; Waverly; West Gervais Historic Commercial District; West Gervais Protection Area; and Whaley. III-23

124 III. Annotated Outline Section (I) OV-GATE: Gateway Design Overlay See discussion in Section (B), Overlay Districts, of the Assessment. Section (J) OV-NC-#: Neighborhood Character Overlay See discussion in Section (B), Overlay Districts, of the Assessment. Section (K) OV-CS: Collector Street Sign Overlay District See discussion in Section (B), Overlay Districts, of the Assessment. Section (L) OV-AS: Arterial Street Sign Overlay District See discussion in Section (B), Overlay Districts, of the Assessment. Section (M) OV-FR: Freeway Sign Overlay District See discussion in Section (B), Overlay Districts, of the Assessment. Section PLANNED UNIT DEVELOPMENT DISTRICTS SECTION GENERAL PURPOSE OF PLANNED UNIT DEVELOPMENT DISTRICTS This sets out the general purpose of Planned Unit Development Districts. Section (A) PUD-G: Planned Unit Development General See discussion in Section (C), Planned Unit Development Districts, of the Assessment. Section (B) PUD-TND: Planned Unit Development Traditional Neighborhood Design See discussion in Section (C), Planned Unit Development Districts, of the Assessment. III-24

125 ARTICLE 17-4: USE REGULATIONS III. Annotated Outline Provisions for use regulations and a table of principal uses are set forth in Section of the current regulations. Article 17-4: Use Regulations, builds on that section, but reorganizes provisions and associated tables into a stand-alone article organized into four sections. It will begin with an initial section containing general provisions, followed by sections on principal uses, accessory uses and structures, and temporary uses and structures. Section GENERAL PROVISIONS This section outlines the article s organization and the relationship among its sections. Section SECTION PRINCIPAL USES GENERAL This section sets out the purpose of the Principal Use Table(s) and outlines its organization. SECTION PRINCIPAL USE TABLE This subsection will include a Principal Use Table(s) that consolidates and refines the use tables in the current regulations. The subsection will begin with introductory material explaining how to use the table. The table will reflect revisions to the lineup of zone districts as discussed in Section 2.2.2, Proposed Zone District Structure, and the new classification system for principal uses (see Section 2.5.1, Three-tiered System to Classify Uses. The current line-up of principal uses and their designation as permitted, special exception, or prohibited uses will serve as a starting point for modernizing the uses in each zone district. The Principal Use Table will also include new uses that do not appear in the current ordinance and will streamline the existing lineup of allowable principal uses. In addition, the final column of the Principal Use Table(s) will contain references to applicable use-specific standards for those uses that are subject to use-specific regulations. The use-specific standards will follow the Principal Use Table. On the next page is an example excerpt from a principal use table prepared for another jurisdiction. III-25

126 III. Annotated Outline SECTION STANDARDS SPECIFIC TO PRINCIPAL USES This subsection consolidates all standards that always apply to certain principal uses (or if appropriate, apply to certain principal uses in particular zone districts). If there are exceptions to the use-specific standards, they are identified. Special attention will be paid to standards for new principal uses, new standards for carriedforward principal uses (particularly where such standards allow the use to be permitted by right or as a conditional use rather than as a special exception), and in adding precision and measurable criteria to the usespecific standards. Section ACCESSORY USES AND STRUCTURES Accessory uses or structures are those uses or structures that are subordinate to the principal use of a building or land, located on the same lot as the principal use, and customarily incidental to the principal use. For example, a stand-alone automated teller machine is considered as an accessory use to a bank, and an aboveor below-ground swimming pool is typically considered an accessory structure to a single-family dwelling. This section will add a table of accessory uses and structures, and use-specific standards, when they apply. III-26

127 III. Annotated Outline SECTION GENERAL This subsection sets out the purpose of the section and outlines its organization. SECTION ACCESORY USE/STRUCTURE TABLE This subsection includes an accessory use table that lists common accessory uses and structures (such as home occupations, swimming pools, satellite dish antennas, outdoor storage), shows the zone districts in which each is allowed, and references any use-specific standards applicable to the accessory use or structure. Below is an example excerpt from an accessory use/structure table prepared for another jurisdiction. SECTION GENERAL STANDARDS FOR ALL ACCESSORY USES AND STRUCTURES This includes a set of general standards that largely pertain to the allowable locations for accessory uses and structures. It will carry forward and refine the general standards that are currently scattered among the zone district regulations, and add new standards as appropriate. SECTION STANDARDS SPECIFIC TO ACCESSORY USES AND STRUCTURES This sets out standards that always apply to certain accessory uses or structures (or if appropriate, apply to certain accessory uses or structures in a particular zone district). Section TEMPORARY USES AND STRUCTURES Temporary uses and structures are uses or structures that are proposed to be located in a zone district only for a limited duration. They include special, or temporary events, which typically last for a short duration and are intended to attract large numbers of people at one time (e.g., concerts, fairs, circuses, large receptions or III-27

128 III. Annotated Outline parties, and community festivals), but do not include private parties attracting less than a certain number of persons or events normally associated with the permitted principal or accessory use (such as a wedding reception at a reception hall or a funeral at a funeral home). SECTION GENERAL This subsection sets out the purpose of the section, and outlines how it is organized. SECTION TEMPORARY USE/STRUCTURE TABLE This subsection includes a temporary use table that lists allowed temporary uses and structures, and references any use-specific standards applicable to the temporary use or structure. SECTION STANDARDS SPECIFIC TO TEMPORARY USES AND STRUCTURES This subsection sets out standards that always apply to certain temporary uses, structures, or events (or if appropriate, apply to certain temporary uses or structures in a particular zone district). As with the standards specific to principal and accessory uses, special attention is paid to standards for new temporary uses and structures, new standards for carried-forward temporary uses and structures, and improving the standards specific to temporary uses and structures that are scattered throughout the current regulations. III-28

129 ARTICLE 17-5: DEVELOPMENT STANDARDS III. Annotated Outline Article 17-5: Development Standards, contains all of the development standards in the new UDO related to the physical layout of new development, with the exception of the land development (subdivision) standards (they are found in Article 17-6). New or revised standards incorporated into this division include: New mobility, circulation, and connectivity standards as described in Section 2.6.1, Add Mobility, Circulation, and Connectivity Standards; Revised off-street parking and loading and bicycle standards as described in Section 2.6.2, Refine and Modernize Off-street Parking and Loading and Add Bicycle Standards; Revised landscaping standards as described in Section 2.6.3, Refine Landscaping; Revised tree protection standards as described in Section 2.6.4, Strengthen Tree Protection; New open space set-aside standards as described in Section 2.6.5, Add Uniform Open Space Standards; New neighborhood compatibility standards as described in Section 2.6.6, Add Provisions to Protect Neighborhood Character; New form and design standards as described in Section 2.6.7, Add Form and Design Standards to Improve Livability and Development Quality; Revised fence and wall standards as described in Section 2.6.8, Fencing; Revised exterior lighting standards as described in Section 2.6.9, Exterior Lighting; and New incentives for sustainable development practices, described in Theme 4, Support and Encourage Sustainable/Green Building Practices. Section MOBILITY, CIRCULATION, AND CONNECTIVITY This new section will consolidate and expand the current access and circulation standards. Revisions will implement complete streets principles discussed in Section 2.6.1, Add Mobility, Circulation, and Connectivity Standards. Revisions include: Establishing access and circulation standards for development to accommodate anticipated vehicular, transit, bicycle, and pedestrian demands; III-29

130 III. Annotated Outline Requiring sidewalks and street trees on both sides of streets in new development in specific districts; Establishing connectivity standards for new development that would require extensions of streets, bikeways, and sidewalks from adjoining developments and to adjoining undeveloped land where appropriate; Requiring cross-access between the internal access and circulation systems of adjoining commercial developments; and Requiring a minimum amount of street connections in certain areas through a connectivity index. Section OFF-STREET PARKING AND LOADING AND BICYCLE PARKING This section will consolidate and revise off-street parking and loading standards in the current development regulations 54 as described in Section 2.6.2, Refine and Modernize Off-street Parking and Loading and Add Bicycle Standards, of the Assessment. This section will also add standards for bicycle parking facilities. Requirements for landscaping within and on the periphery of parking lots will be located in Section , Landscaping. Many of the parking and loading regulations will be carried forward, but with revisions. They will include: Revising the minimum quantity of parking required for various uses (based on best practices) and establishing a maximum number of spaces for some uses (e.g., mixed-use, retail, office, and multi-family); Establishing two sets of parking standards, one for urban contexts and one for other areas in the city; Placing parking standards in a unified parking table that sets out the parking requirements for all allowable uses based on the uses in the Principal Use Table(s); Establishing provisions for uses with variable parking demands; Establishing provisions that allow the Zoning Administrator to require preparation of a parking demand study for unusual uses where there is no reliable parking demand data; Requiring parking lots of 400 or more spaces to be broken up into sections and to incorporate pedestrianfriendly features and enhanced landscaping; Requiring that all or a portion of the required surface parking in targeted areas of the community (e.g., along commercial corridors or activity centers) or certain zone districts be located on the sides or rear of buildings; Providing incentives for parking lot design to incorporate low impact development techniques such as pervious paving, vegetated swales, infiltration/flow-through planters, and rain gardens; Broadening shared parking provisions beyond mixed-use developments to generally allow businesses and institutions with varying peak hours of visitation to share parking; Providing an allowance for off-site parking tied to adequacy of pedestrian facilities connecting the development to the off-site parking; 54 Parking and loading requirements are found in Sections through , in the table of permitted uses, and in Section III-30

131 Creating provisions for deferred parking; Allowing reductions in off-street parking based on the provision of valet parking; III. Annotated Outline Allowing reductions in off-street parking for Transportation Demand Management (TDM) programs; Establishing procedures for submittal and review of alternative parking plans in some situations (see page II-58 of the Assessment); Bicycle parking standards in selected zone districts will require spaces for bicycle parking on-site (especially in parking structures or adjacent to building entrances) and encourage and incentivize the provision of bicycle parking spaces in other locations for specific uses. The standards will also specify acceptable types of bicycle storage. Section LANDSCAPING Landscaping regulations, currently found in Sections through of the development regulations, will be carried forward with the following revisions: Expanding the basic planting standards to include species diversity requirements and use of native plants; Adding some basic site landscaping standards for multi-family and nonresidential development; Strengthening tree protection requirements (see Section below); Refining the approach to transitional buffers, by focusing more on performance-oriented buffers based on opacity that are designed in ways that are more sensitive to the different contexts in the city (urban versus other); Refining the parking lot requirements to ensure they are consistent with best practices; Establishing consistent requirements for streetscape landscaping by eliminating variation in required width of street protective yards based on acreage of development; Adding requirements for the placement of street trees along streets; Adding requirements to integrate stormwater management retention ponds and similar facilities as site amenities (and thus count them towards any open space requirements), or fully screen them from all views; Refining landscaping standards to adapt them to a more urban context and/or create new variations of standards to apply in the city s more urbanized areas; and Establishing landscaping standards for both urban and other contexts. Section TREE PROTECTION Tree protection requirements currently found in Section of the regulations will be revised to provide greater protection to trees larger than 8 D.B.H. that are not grand trees. The revised requirements would either strengthen and simplify the current required density factor for the site or require new development to retain or provide tree canopy coverage (for trees greater than 8 D.B.H.) over a specified percentage of the development site area. The percentage would be based on a sliding-scale and vary based on the amount of III-31

132 III. Annotated Outline existing tree canopy coverage on site. The standard would include an exemption for the Downtown, lower percentages in other more urban locations, and provisions that allow for the cutting of trees and reforestation under limited circumstances. Additional revisions include improving the clarity and measurability of the current standards and providing accelerated credit toward landscaping and open space requirements for retention of existing trees. Section OPEN SPACE As discussed in on page II-64 of the Assessment, this new section will establish a comprehensive and uniform approach to open space set-aside requirements by establishing a set of open space standards for the Downtown, activity centers, and elsewhere in the city. The standards will further tailor requirements based on the type of development (e.g., new residential, mixed-use, nonresidential). Standards will include locational and design rules governing the location, configuration, and usability of the open space. They will give priority to protecting natural hazard areas, natural resources, and environmentally sensitive areas, such as floodplains and riparian buffers. Open space standards will also include provisions addressing the ownership of and maintenance responsibilities for required open space. Section NEIGHBORHOOD COMPATIBILITY This new section will establish neighborhood compatibility standards as discussed on page II-67. The standards will apply to new nonresidential development (e.g., commercial, light industrial, office), mixed-use development, and multi-family development (above a certain size) that is adjacent to, across the street from, or within a certain distance from single-family residential development or a single-family residential zone. Potential standards, listed in Table 2.6.6, include standards for site layout, building façade, building dimensions, site design, parking and driveways, loading and refuse storage areas, lighting, signage, open space set-asides, and operation. Section FORM AND DESIGN STANDARDS As discussed on page II-69, this new section will include two different sets of design and form standards. One set will be applicable to multi-family development and the other to nonresidential development (commercial or light industrial). Standards will be designed to ensure development contributes to greater livability and sustainability and achieves a minimum development quality. To the extent possible, the design guidelines for the Five Points Overlay District, the Innovista Design District, the North Main Corridor Overlay District, the Design District Overlay, and City Center will be incorporated into these regulations. Potential multi-family standards, listed in Table a, include standards for building facades, roofs, building materials, parking placement and configuration, storage and service areas, and open space. Potential nonresidential standards, listed in Table b, include standards for building orientation and configuration, building facades, transparency, roofs, parking placement and configuration, storage and service areas, open spaces, and operational hours. Section FENCES AND WALLS This section will refine the current standards for fences and walls with provisions that take into account goals for infill and mixed-use development. Standards will focus on location, landscaping, materials, and III-32

133 III. Annotated Outline maintenance. Additional standards may include standards for temporary fences, fences and walls adjacent to alleys, and security considerations. Section EXTERIOR LIGHTING This new section will establish clear and enforceable exterior lighting standards that apply generally and uniformly to all development, with limited exceptions. The standards will incorporate best practices and will be clear and measurable. Potential standards include energy efficiency standards, maximum foot candles limits, context-sensitive mounting height limits, canopy lighting limitations, prohibition on full flood lighting of building facades, prohibition on uplighting (signs, monument features, etc.), and light uniformity standards. Section SIGNS This section carries forward the current sign regulations. Procedures for sign permits would be located in Article 17-2: Administration, as noted in Section (E)(11), Add Procedure for Sign Permit. Nonconforming sign provisions would be located in Article 17-7: Nonconformities, including new provisions for scaled compliance of nonconforming signs (as noted in Section ARTICLE , Add Provision Requiring Scaled Compliance of Nonconforming Site Features). Section INCENTIVES FOR SUSTAINABLE DEVELOPMENT PRACTICES This new section will include incentives for sustainable development practices as described in Section 4.3 of the Assessment. III-33

134 III. Annotated Outline ARTICLE 17-6: LAND DEVELOPMENT (SUBDIVISION) STANDARDS This article will include standards related to land development (subdivision) and the provision of utilities as a part of new development, and will also include standards and procedures related to sureties and guarantees. In addition, land development standards currently contained in the city s utilities and engineering regulations will be integrated into this article. Section GENERAL APPLICABILITY This section will include general provisions. Definitions will be located in Article 17-9: Definitions and Rules of Measurement. Procedural material related to the approval of plats will be relocated in Article 17-2: Administration. All of the submittal requirements are recommended for relocation to a Procedures Manual. Section MINIMUM DESIGN STANDARDS This section will carry forward and refine the current minimum design standards found in Sections through , including standards for streets, blocks, lots, and easements. Community form standards will be added (see discussion in Section of the Assessment). Potential community form standards, listed in Table 2.6.1, include street connectivity standards, minimum entry points, traffic calming provisions, sidewalk requirements, lot access standards, and cross access standards. Section IMPROVEMENTS This section will build upon current standards for required improvements and provisions for sureties. Surety provisions will be modernized based on best practices and input from city staff. Provisions currently in the land development (subdivision) regulations that will be carried forward in a revised form in other parts of the UDO include: cluster housing (either into Article 17-4 or Article 17-5), group developments (site plan procedure), and planned unit developments (planned unit development procedure and zone district regulations). III-34

135 ARTICLE 17-7: NONCONFORMITIES III. Annotated Outline This article includes the rules pertaining to nonconformities. It builds on Sections of the current regulations. It refines some of the current provisions, and adds a few provisions to better support the project rewrite goals of supporting redevelopment and sustainability/green building practices, and improving the efficiency and administration of the regulations. Section SECTION GENERAL APPLICABILITY PURPOSE AND SCOPE This is a new subsection. It establishes that the article addresses legally established uses, structures, lots, signs, and site features (offstreet parking, landscaping, and signs) that do not comply with requirements in the new UDO. SECTION AUTHORITY TO CONTINUE This subsection recognizes all lawfully established nonconformities will be allowed to continue in accordance with the standards of this article. SECTION DETERMINATION OF NONCONFORMITY STATUS This subsection includes a standard provision stating that the landowner, not the city, has the burden of proving the existence of a lawful nonconformity. SECTION MINOR REPAIRS AND MAINTENANCE This subsection will build on Section , Repair or Maintenance of Nonconforming Structures, of the current regulations, and state that routine maintenance of nonconforming structures will be allowed to keep nonconforming uses and structures in the same condition they were at the time the nonconformity was established. This rule will also be applied to structures housing nonconforming uses. SECTION CHANGE OF TENANCY OR OWNERSHIP This subsection will state that change of tenancy or ownership will not, in and of itself, affect nonconformity status. Section NONCONFORMING USES This section will establish specific rules governing nonconforming structures. It will build on Section , Intent regarding nonconforming structures and uses, Section , Continuance of nonconforming III-35

136 III. Annotated Outline structures and uses, and Section , Temporary nonconforming structures, 55 in the current regulations, with some refinements and clarification. The section will address enlargement, abandonment, relocation, and reconstruction after damage, and generally carry forward the current rules. Section NONCONFORMING STRUCTURES This section will establish specific rules governing nonconforming structures. It will build on Section , Intent regarding nonconforming structures and uses and Section , Continuance of nonconforming structures and uses, in the current regulations. It will address enlargement, abandonment, relocation, and reconstruction after damage, and generally carry forward the current rules, with some refinements and clarification. One change we will explore is adding provisions that (1) allow for the expansion of nonconforming structures or an increase in the degree of nonconformity if a structure in a hazard prone area is flood-proofed, elevated, or otherwise improved to significantly increase its hazard resiliency, if approved by the Zoning Administrator, and (2) and modifying the limitations on the reconstruction of destroyed or substantially damaged nonconforming structures to relax provisions where the reconstructed structure significantly increases its storm resiliency. Section NONCONFORMING LOTS OF RECORD This provision addresses established lots of record that were platted prior to the effective date of the ordinance, but that do not meet the dimensional requirements of the zone district where they are located. It will build on and carry forward the rules established by Section , Nonconforming lots of record, in the current regulations. It will add rules governing nonconforming lots of record in the other than residential base districts (the current rules only apply to the nonresidential districts). Finally, we will explore adding a provision that specifies that governmental acquisition of a portion of a lot shall not render the lot nonconforming (even if it no longer meets the dimensional standards). Section NONCONFORMING SIGNS This section will establish rules governing the treatment of nonconforming signs. Section NONCONFORMING SITE FEATURES As discussed above and in Section 3.2.6, Add Provisions Linking Compliance with Nonconforming Site Features to Scaled Compliance, this is a new section that will establish rules for how nonconforming site features specifically off-street parking, landscaping, and signs should be addressed as development and redevelopment occurs. These provisions will establish a sliding scale requirement, based on the value of the remodeling or the extent of the expansion of the structure. The greater the value of the remodel, or the greater the expansion, the more the developer has to bring the site into compliance with the nonconforming site features. The city selects the breakpoints at which the sliding scale increases. As an example, the provision might establish a rule that remodels costing less than 25 percent of the structure s assessed value might not trigger the need to address any nonconforming site features; remodels costing between 26 and 75 percent of the structure s assessed value would require a developer to bring the site s compliance up to current standards by a percentage amount equivalent to the amount being spent; and 55 NOTE TO STAFF: We question whether this provision should be carried forward. What are your thoughts? III-36

137 III. Annotated Outline remodels costing in excess of 75 percent of the assessed value would require full compliance. With respect to expansions, the rule might be that an expansion of 20 percent or less would not be required to bring the site further into compliance; expansions between 26 and 60 percent would require a developer to bring the site s compliance up to current standards by a percentage amount equivalent to the expansion; and expansions greater than 60 percent would require full compliance. Finally, the standards would include an important safety valve provision that allows for a waiver of requirements in cases where there are physical constraints on the site that prevent upgrading certain nonconforming elements (e.g., where there is insufficient room to accommodate all required parking spaces), but would require compliance to the maximum extent practical. III-37

138 III. Annotated Outline ARTICLE 17-8: ENFORCEMENT Article 17-8: Enforcement, builds on, consolidates, and refines provisions 56 in the current regulations to incorporate best practices, better organize the enforcement provisions, and help make the code enforcement process more efficient and effective. In the current regulations enforcement provisions are separated into multiple sections across Articles 3, 5, 6, and 8. We propose a consolidated appraoch in which all enforcement provisions are located in this article. Section PURPOSE This new section sets forth the purpose of the enforcement section. Section COMPLIANCE REQUIRED This new section clearly states that compliance with all provisions of the UDO is required. Section VIOLATIONS This new section explains that failure to comply with any provision of the UDO, or the terms or conditions of any development approval or authorization granted in accordance with the ordinance shall constitute a violation. The section also more specifically identifies both general violations as well as specific violations. Section RESPONSIBLE PERSONS This new section indicates who is responsible for a violation when it occurs. It will be made as broad as legally possible, and state that any person who violates the UDO shall be subject to the remedies and penalties set forth in this article. Section ENFORCEMENT GENERALLY This section carries forward, consolidates, and builds on Section 17-87, Enforcement Generally, and Section 17-88, Complaints Regarding Violations, in the current regulations. It establishes that the Land Development Administrator is responsible for the enforcement of the land development (subdivision) regulations and the Zoning Administrator is responsible for enforcement of all other provisions of the ordinance. It also establishes the enforcement process, including provisions for notice of violation, and procedures to deal with complaints filed by others regarding a perceived or potential violation. 56 Primary provisions dealing with enforcement are found in the following sections in the current regulations: Sections and and Sections through (Article III: Zoning); Section (Article V: Historic Preservation and Architectural Review); Section (Article V: Historic Preservation and Architectural Review); Section (Article VI: Manufactured Homes and Trailers); and Section (Article VIII: Columbia Tree and Appearance Commission; Authority of Forestry and Beautification Superintendent; Tree Preservation and Care on City Property and Public Rights-of-Way). III-38

139 Section REMEDIES AND PENALTIES III. Annotated Outline This section carries forward, consolidates, and builds on Section 17-89, Remedies, and Section 17-90, Penalty, in the current regulations. It recognizes civil, equitable, and criminal penalties, detailing the range of penalties and remedies available. It will also clearly express that all remedies available to the city are cumulative. III-39

140 III. Annotated Outline ARTICLE 17-9: DEFINITIONS AND RULES OF MEASUREMENT Article 17-9: Definitions and Rules of Measurement, is the last article in the Unified Development Ordinance. It provides a consolidated list of definitions, and other useful aids for interpreting the regulations. It consolidates and carries forward a number of the provisions and terms defined in Section 17-1, Definitions (Article I: In General), and 17-55, Definitions (Article III: Zoning, Division 1: Generally), from the current regulations. It will also consolidate, add, refine, and modify definitions as appropriate. It will enhance the definitions and use of definitions through: Including rules of interpretation and construction in a section; Consolidating all rules of measurement in a section; Adding definitions of all uses identified in the Principal Use Table(s) in Article 17-4: Use Regulations; Incorporating a table of abbreviations; and Removing standards from the definitions, and placing them in the appropriate place in the rewritten ordinance. Clear and precise definitions not only help those who must interpret and administer the ordinance, they also make it easier for review boards in making decisions, as well as the public and development applicants to know what is required. We will review, evaluate, and then refine and modernize the definitions, and add new definitions, as appropriate, so the new ordinance has a clear, modern, and workable set of definitions. Section GENERAL RULES FOR INTERPRETATION This section carries forward and builds on Section 17-54, Rules of Construction; interpretation of types of districts, in the current regulations. It also addresses general issues related to interpretation of ordinance language, including: The meaning of standard terms such as shall, should, will, and may ; The use of plural and singular nouns; The meaning of conjunctions; How time is computed; and Other general issues that arise in interpreting and administering the ordinance and its procedures. III-40

141 Section RULES OF MEASUREMENT III. Annotated Outline This new section carries forward and builds on provisions such as Section , Measurement of height. It consolidates and establishes the rules for measuring bulk and dimensional requirements like height, width, setbacks, lot area, how encroachments into required yards will be determined and regulated, and the other measurements that are required to interpret standards. The result is a central location where the user can go if there is a need to apply a rule of measurement. Graphics are used in this section to assist in the explanation of the different rules of measurement. Section USE CATEGORIES AND USE TYPES As is discussed in the Diagnosis portion of this report (see Section 2.4.2), the principal uses and Principal Use Table(s) are proposed to be organized around a three-tiered concept of use classifications, use categories, and uses. Use classifications, the broadest category, organizes uses into general use classifications such as Residential Uses, Institutional Uses, Commercial Uses, and Industrial Uses. Use categories, the second level or tier, is composed of groups of individual types of uses with common characteristics, such as Household Living and Group Living (under Residential Uses). Use categories are further divided into specific use types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. Example uses under the Household Living category include single-family detached dwelling and multi-family dwelling. This section describes each use category identified in the Principal Use Table(s), outlining the principal characteristics of uses in the category and noting examples of included uses and examples of uses and structures deemed accessory to the included uses. It also defines each use type identified in the Principal Use Table(s), building on the current definitions of the different uses, but modernizing them, where appropriate, and defining them where they are not defined in the current regulations. Section DEFINITIONS As noted above, this section includes definitions of terms used throughout the regulations. It will begin with an evaluation of the definitions in the current regulations and then refine and modernize definitions as appropriate to produce a clear, modern, and workable set of definitions. We will also revise definitions as necessary to ensure that they do not contain substantive or procedural requirements. We will verify that key definitions conform to the S. C. Code, federal law, and constitutional requirements. III-41

142 III. Annotated Outline APPENDIX The Appendix is included as a possible repository of forms and related documents as appropriate. Potential items as noted in this report include: List of Landmark structures Design Guidelines Application content requirements, fees, and review timeframes (if not placed in a Procedures Manual), including guidelines for Planned Unit Development applications. III-42

143 IV. APPENDICES IV. Appendices IV-1

144 III. Annotated Outline APPENDIX A. EXAMPLE OF USER-FRIENDLY CODE GRAPHICS IV-2

145 IV. Appendix B: Columbia Future Land Use Map APPENDIX B. COLUMBIA FUTURE LAND USE MAP Assessment: Zoning and Subdivision Regulations City of Clarion Associates IV-3

146

147 APPENDIX C. IV. Appendix C: Current Special Purpose Districts CURRENT SPECIAL PURPOSE DISTRICTS TABLE (B): CURRENT SPECIAL PURPOSE DISTRICTS, COLUMBIA, SC Zone district PUD-R: Residential Planned Unit Development District PUD-C: Commercial Planned Unit Development District PUD-LS: Commercial Planned Unit Development District -MU: Multiple Use Overlay District -AP: Airport Height Restrictive Area -FW: Floodway Area -FP: Floodplain Area -DP: Design and Preservation Area -S: Sign Designated Area -DD: Design/Development District -PD: Planned Development Area -5P: Five Points Overlay District -ID: Innovista Design District Zone Purpose Statement Intended to derive the benefits of efficiency, economy and flexibility by encouraging unified development of large sites, while also obtaining the advantage of creative site design, improved appearance, compatibility of uses, optimal service by community facilities, and better functioning of vehicular access and circulation. Allows for flexible development of large sites subject to specific regulations. The PUD-LS: Large-scale Planned Unit Development District is intended for parcels over 25 acres in size. Intended to protect and improve the quality of the environment of the city by the identification and encouragement of efficient redevelopment of central city areas whose predominant character is no longer clearly defined, or areas where a more efficient use of the land can be promoted by permitting multiple uses. The multiple use concept is intended to promote utilization of innovative and creative urban design concepts. Such concepts are expected to achieve a more desirable urban environment than might be achieved through conventional urban development. Intended to restrain influences which are adverse to the proper and safe conduct of aircraft operations in the vicinity of Owens Field Airport, to prevent creation of conditions hazardous to aircraft operation, to prevent conflict with land development which may result in loss of life and property, and to encourage development which is compatible with airport use characteristics within the intent and purpose of zoning. Intended to reduce flood hazard risk, and prevent harm to people and property by restricting or prohibiting uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities. Requires that flood- vulnerable uses be protected against flood hazards at the time of initial construction, and by limiting incompatible uses. Intended to protect and improve the quality of the environment of the city by the encouragement of identification, recognition, conservation, maintenance and enhancement of areas, sites, structures, fixtures and other features of the architectural, economic, social, cultural and political history of the city as well as its natural features. Intended to provide for the removal of signs from buildings which are no longer being used for the purpose which the sign advertises. Intended to protect the area identified as "City Center," promote the high-intensity mixed-use character of the area. It is also the intent that new developments within the -DD area are coordinated to ensure that the land use, pedestrian environment, urban design, open space, signs, street scape and traffic circulation are sensitive to and implement the overall objectives and concept of the applicable redevelopment plan. Development within the -DD area must comply with city Center Design Guidelines. Intended to protect the Congaree Vista and other areas of the city undergoing redevelopment and revitalization from incompatible land uses and influences which do not complement or promote the high-intensity mixed-use character of the area. It is also the intent that new developments within the -PD area are coordinated to ensure that the land use, pedestrian environment, urban design, open space, signs, streetscape and traffic circulation are sensitive to and implement the overall objectives and concept of the applicable redevelopment plan. Intended to enhance the urban village character within the area known as Five Points. This character is defined by attributes such as mixed uses, pedestrian oriented buildings and signage, urban open spaces, and eclectic expressions of architecture and signage. Development within the 5P area must comply with Future Five Design Guidelines Intended to implement the general principles found in the Innovista Master Plan by encouraging a vibrant, mixed-use, pedestrian-oriented urban fabric along with parks and open space that will interconnect to the city Center and adjacent neighborhoods. Development within the ID area must comply with Innovista Design Guidelines. Assessment: Zoning and Subdivision Regulations City of Clarion Associates IV-5

148 IV. Appendix C: Current Special Purpose Districts TABLE (B): CURRENT SPECIAL PURPOSE DISTRICTS, COLUMBIA, SC -NC: North Main Corridor CS: Collector Street Sign Overlay District AS: Arterial Street Sign Overlay District FS: Freeway Sign Overlay District CC: Community Character Overlay Intended to implement the general principles found in the Master Plan for the Villages of North Columbia by encouraging a vibrant, mixed-use, pedestrian-oriented urban fabric that compliments the adjacent neighborhoods. Development within the NC area must comply with North Main Corridor Design Guidelines. Intended to provide for the commercial promotion of business enterprises and/or presentation of public service information along appropriate, designated collector (minor thoroughfare) streets in the City of Columbia's zoning jurisdiction. Intended to provide for the commercial promotion of business enterprises and/or presentation of public service information along appropriate, designated arterial (major thoroughfare) streets in the City of Columbia's zoning jurisdiction. Intended to provide for the commercial promotion of business enterprises and/or presentation of public service information along appropriate, designated interstate system and freeway class highways in the City of Columbia's zoning jurisdiction. Intended to minimize the possibility that demolition and construction activity within a residential community would drastically negatively affect the existing character of that community. Also, it is intended that this district be established for a period of time only long enough for that community to determine whether or not a historic or design protection overlay district is appropriate. The -CC designation and the associated interim measures for community character protection are not intended to be utilized as a stand-alone zone district classification, but as a set of regulations which are overlaid and supplemental to the regulations of the existing zone district. IV-6

149 IV. Appendix D: Example Zone Regulations Format APPENDIX D. EXAMPLE ZONE DISTRICT REGULATION FORMAT Assessment: Zoning and Subdivision Regulations City of Clarion Associates IV-7