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Zoning Ordinance White Papers

Accessories
This paper provides an explanation of the general requirements of accessory uses and structures as well as an overview of the types of regulations associated with accessories.  In zoning terms, accessory uses and structures contribute to the comfort, convenience, and necessity of the occupants of the principal structure or use served on a lot.  That principal use or structure may be a commercial, industrial, or residential development.  An accessory use or structure should relate to the principal permitted use and/or structure in that it should be: necessary and customary; appropriate; incidental; and subordinate. 


Approving Bodies
This paper generally recommends to maintain the current land use review board requirements and their review authority with few modifications proposed for the zoning revision.  Staff is of the opinion that the policies and procedures of the City’s land use review boards are working fine in relation to planning and zoning issues.  The revision is an opportunity to clarify a few points and make some small changes. 


City Environment
The environment of a city consists of both natural elements (trees, streams, air quality) and built elements (signs, buildings, lighting).  Both natural and built elements work together to create the character and quality of life of a particular City. This paper addresses the impact of development on nature (sediment control, impervious surfaces, tree removal) and the impact of nature on development (requirements of dedicating open space which restricts land available for construction).   The first is regulated by other sections of the City Code, such as Stormwater Management Ordinance and the Forest and Tree Preservation Ordinance, and state and federal laws and regulations.  The later is often regulated in a zoning ordinance.  The paper also addresses impacts of the built environment which are often regulated in a zoning ordinance (such as vibrations, noise, and lighting) to ensure that a high quality of life is provided for citizens.


Competing Policy
This paper addresses the general philosophy, the overarching organization, and purpose of the revised zoning code.  Staff discussed the priorities of the revision – whether to include newer, flexible provisions that reflect more contemporary philosophies of planning theory, or to maintain current process and existing resources.  Additionally, this paper began to list priorities of development that often are balanced when making development decisions in the City. 


Green Requirements
This paper is an introduction to the issues and considerations of “green” requirements as regulated in the Zoning Ordinance for the City of Rockville.  For purpose of this paper, green requirements refer to those regulations in a zoning ordinance that mandate that the land have some vegetative cover versus some manmade covering (buildings, asphalt, cement, etc.).   There are a number of green space requirements in the current zoning regulations.  In addition, there are a number of alternative green regulations that can be included in the zoning revision.  The paper explains both.  


Land Use
One of the most critical tasks in any zoning review is to update the land use classifications and the regulations associated with them. The Rockville comprehensive zoning revision will involve a number of updates to the land use regulations. The update will focus on better definitions given current trends and modern needs.  In addition, the incorporation of form-based zoning regulations will require a different, broader scheme for land use regulation which will allow the City to better address the market, City desires, and emerging development trends in the new century. 


Mansionization
“Mansionization” is the common-parlance term for the development of large-scale houses in established smaller, single-family neighborhoods.  These large houses, while they meet the technical zoning standards for height, setbacks, and lot coverage, are out of character with the older, smaller housing on neighboring lots.  The reason for this residential disproportionality is market forces.  At the time older neighborhoods were built out, the market would only support smaller housing.  Today’s market, however, desires and supports larger houses.

The recommendations from this paper, and follow-up presentations, took two paths.  The first was a consideration of height and setback requirements and the second was a consideration of impervious surface limitations.  Through additional discussions, it has been determined that the various characteristics of the different neighborhoods of the City are so distinct that a “blanket” modification to these regulations (i.e. change the R-60 requirements for all neighborhoods classified as R-60 districts) would have unbalanced effects in different areas.  The impervious surface issue is addressed as a separate topic in the Green Requirements Issue Paper. 


Nonconformities 
A nonconformity is a use or development standard (structure or improvement on a property) that was lawfully created prior to the effective date of a zoning ordinance or subsequent amendment thereto.  The nonconformity does not meet the current zoning ordinance’s minimum requirements for the district in which it is located.  Without an allowance for a nonconformity in the zoning ordinance, the use or development standard would be illegal.  Regulations for nonconformities must balance 1) the burden on the property owner to bring the nonconformity into compliance with current zoning regulations and 2) the burden on the community to keep the nonconformity and thereby fail to carry out the entire vision of the land use regulations for the community.  As the remaining policy considerations of the zoning ordinance are developed, the shape of the ordinance will be fleshed out.  When the types of regulations and changes that will be included in the revision are known, staff will re-address this topic.  Until that time, the 2002 proposed nonconformity text amendment (attached to the nonconformity agenda) will be used as a guideline for the development of these regulations.


Optional Method/Special Development Procedures
Special development procedures allow for large tracts of land, under a single ownership, to be developed in a manner particular to that tract of land.  These methods of development are an alternative to the existing zone requirements on that lot.  In essence, these procedures allow a developer to design a project for a tract of land using development standards (such as building height, setback, and lot coverage requirements) unique to the project, within set limitations, so long as they meet the prescribed approval process and the established goals of the City provided for that type of development option.  

This paper discusses the requirements for approval of the current “procedures” but also the  requirements of 1) meeting set standards (such as being located in a certain zone, having a certain amount of land to develop, and including only the uses allowed in that type of development), and 2) meeting the purposes of that type of development that the city has established in the zoning regulations (to promote livability).  In addition, this paper summarizes the concerns of the City’s current procedures and provides alternatives to be included in the revision.  


Overview I
This agenda item reviews the key information and recommendations from previously presented (as of January 12, 2006) white paper discussions (Mansionization, Urban Design, Competing Policy, Nonconformities, and Public Outreach).  With this discussion, staff sought the Mayor and Council’s reaffirmation of the policy direction included in previous white paper presentations.  Staff will then take these recommendations, and additional recommendations from future papers and incorporate them into the zoning revision outline.  As discussed in the public outreach paper, the outline will then be submitted to a task force established by the Mayor and Council, consisting of citizens and board representatives.  Staff will return to the Planning Commission and the Mayor and Council when the review committee is finished with the outline review and submit the outline for both boards’ approval.  An additional overview presentation is scheduled for all presentations given after 1/12/06.


Overview II
This agenda item reviews the key information and recommendations from previously presented (from 1/17/06 until 2/28/06) white and issue paper discussions (Accessories, Approving Bodies, Optional Methods / Special Development Procedures, Land Uses, Green Requirements, Parking, and Sidewalks).  With this discussion, staff sought the Mayor and Council's reaffirmation of the policy direction included in previous presentations.  Staff will then take these recommendations and incorporate them into the zoning revision outline.  


Parking
Parking is a common concern that every community must address. Homeowners and business owners alike want to ensure that they will have a place for themselves to park as well as a place for their visitors. Parking considerations can affect all aspects of community planning, from traffic to housing prices, including pedestrian mobility, building density, the environment, and much more. Spaces for parking (both on and off-street) is one of the largest land uses, in urban and suburban areas, which makes the regulation and design of parking a very important issue for a zoning revision.


Public Outreach
The public outreach plan presented in December has begun.  Already, a zoning link has been added to the City’s website and these White Papers have been posted for anyone’s interest.  Staff has conducted a CityLine interview currently airing on The Rockville Channel (cable channel 11).  In addition, Rockville Reports has begun including regular updates of the zoning revision process and alerted the public to the development of the Zoning Revision Committee.  Also, a water bill notice will be distributed in January.The Planning Department recently assigned an employee to assist with the public outreach portion of the zoning revision.  That person will be responsible for responding to citizen concerns and questions about the revision through e-mail and a frequently asked question section of the website.  In addition, they will assist in setting up neighborhood presentations as requested and other outreach methods as the need arises.


Sidewalks
The Sidewalk Standards White Paper provides background information and recommendations for including sidewalk design standards in the zoning ordinance revision.  This paper covers only sidewalk provisions in commercial and mixed-use districts.  Sidewalks in residential districts require different considerations such as smaller dimensions, lack of shopping areas, and creation of a different sense of place.


Urban Design
Urban design is the visual motif of the city or a particular part of the city to achieve a high quality of life for the public.  Livability has been identified as the goal of urban design in Rockville.  By “livability” the intent is to provide: 1) high quality development (pleasant street atmosphere, environmentally friendly development requirements, and flexible design requirements), 2) walkability (providing safe, pleasant and convenient paths to transit centers and other areas of daily activity) and 3) affordability (the ability to provide quality housing and transportation options at affordable prices to the average citizen).  To achieve some of these goals may require updating other sections of the City’s Code.

 

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