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An approach for mos~ communities that has proved workable is the overlay district; designating targeted areas in advance, and qualifying individual buildings and properties under definitive criteria. for in accordance with the provisions of the zoning ordinance and land development regulations, except as modified by this chap- ter. (Zoning Ordinance, Section 712.11.8) C. Eligibility. Properties may use the IDZ ordi- nance if they meetthe following criteria: . Parcels created by legal division, testamen- tary procedure, or laws of descent prior to April 11, 1984; and · Parcels whose gross size is 2 acres or smaller; and . Parcels that can and will be served by pub- lic water and sewer; and . Parcels that have a residential zoning des- ignation; and . Parcels identified in the applicability sec- tion of this ordinance. (Zoning Ordinance, Section 712.11.C) E. Exclusions. The following activities shall be excluded from use of the Jnfill Development Zone ODZ) requirements and development review, although they may be reviewed under separate administrative procedures where noted in this section or in other sections of the Marietta Municipal Code. " . Nonresidential property. All nonresiden- tially zon"ed lots are excluded from this ordi- nance but shall comply with the provisions set forth in'other sections ofthe Marietta Municipal Code. Compliance with these provi- sions shall be verified through the building permit process. · Marietta Historic Districts. Properties that are contained within a locally designated Historic District as identified on the Official Historic Map of Marietta or the Official Zoning Map of Marietta are exempt from this ordinance but shall comply with all other Municipal Codes that pertain to this property. (Zoning Ordi- nance, Section 712.11.E) The regulations have additional provi- sions including development and architec- tural standards. CONCLUSIONS Most distressed properties are physically, functionally, and economically obsolescent. They will almost certainly be nonconform- ing dimensionally and probably as to use. Repositioning these properties to restore their economic viability requires zoning relief. Conventional map Changes and text amendments under the eXisting ordinance are possible in many cases and the as-of- right or existing discretionary approval ap- proach frequently may work. APf<s Planning Advisory Service gives you the ,,-ower tools to get the job done: . Customized research . Research reports . Information on cutting-edge ideas . Guidance on nuts-and-bolts planning topics . Handouts for citizens and commissioners Subscribe to APMs Planning Advisory Service and everyone in your office will have access to our powertools. " Learn more atwww.planning.org/pas. mD " _. American.PfanningAssodatJon J.Aaking G'~at Communities Hoppen However, it may be necessary to create a somewhat discretionary and site-specific approach using the special use or condi- tional use permit. The availability of this type of relief for older, nonconforming prop- erties may help prevent them from becom- ing obsolete and economically distressed by enabling modest changes in dimension, bulk,and use. The traditional variance is always avail- "able, but may not be legally defensible in most cases. An approach for most communities that has proved workable is the ov"erlay district, designating targeted areas in advance, and qualifying individual buildings and proper- ties under definitive criteria. The overlay district approach may include a quasi- discretionary, site-specific review process by incorporating the special use or conditional use permit. VOL. 26, NO. 12 Zoning Practice is a monthly publication of the American Planning Association. Subscriptions are available for $85 (U.5.) and $110 (foreign). W. Paul Farmer, FAICP, Executive Director; WiIlia"m R. Klein, AICP, Director of Research Zoning Practice (ISSN 1548-0135) is produced at APA. Jim Schwab, AICP, and David Morley, AICP, Editors; Julie Von Bergen, Assistant Editor; Lisa Barton, Design and Production. Copyright@2009 by AmericanPlanning Association, 122 S. Michigan Ave., Suite 1600, Chicago, IL 60603. The American Planning Association also has offices at 1776 Massachusetts Ave., N.W., Washington, D.C. 20036; www.planning.org. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the American Planning Association. Printed on recyCled paper, including 50-70% recycled fiber and 10% postconsumer waste. ZONING PRACTICE 12.09 AMERICAN PLANNING ASSOCIATION Ipage 7 93