Agenda - Planning Commission - 02/03/1998

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helping to define their character and charm. In order to capitalize on this wealth ofexlsting context, the city devised both contextual height and contextual setback regulations. These regulations rely on the adjacent structure to determine setbacks or height by allowing the setback or height limit to be determined using any point between the subdistrict standard a'~d the actual height or setback of an adjacent structure oriented to the same street. See Figure 1 below. Pittsburgh also uses the scale ora proposed use to define compatibility at the neighborhood level and reduce anticipated impacts. For example, retail sales and services, along with restaurants, are permitted in neighborhood commercial areas as long as they are less than 3,000 square feet in size. Finally, when expansion ora nonconforming structure was proposed, off-street parking standards were applied only to expanded areas rather than the entire building. This encourages redevelopment activity by grandfathering the existing conditions while ensuring incremental improvement of the parking situation. Many existing neighborhoods also received partial or complete exemption from off-street parking requirements. Figure 2 Existing Setback Standard Setback existing front-yard setbacks on the same block are less than the district standard (see Figure 2). Setback averaging in Baytown relies on the following concepts: · Existing setbacks on the same block face are averaged. · Only lots with similar uses to that proposed are included in the average. · Vacant lots are included using the district setback. Figure I Adjacent Height ..v. ............ :'~"t~ ' ' i~f;~:i!~i;'.;."!,*?r~ i4; ContextuaIHeight , Height Standard i Proposed Structure In Baytown, compatibility standards apply to all multifamily and nonresidential development adjacent to an existing single- family or duplex use, or within 150 feet o{the lot line of any property zoned Neighborhood Conservation (NC). They include variable building setbacks, variable parking and driveway setbacks, buffer standards, and some simple operational performance standards for noise, vibration, fire and explosive hazards, light and glare, and electromagnetic interference. Building, parking, and driveway setbacks vary based on the lot width of the proposed site, as shown in the following table. Parking/ Building Driveway Total Lot Width Setback Setback Bclytowll In 1994, Baytown, Texas (pop. 75,000)~ was the third-largest city in the country without zoning. Houston had recently rejected zoning for the third time. A tire storage facility near a residential neighborhood had caught on fire, creating a substantial risk to the surrounding neighborhood. Using this incident as a rallying cry, civic and neighborhood interests in Baytown approved a minimal zoning approach, described as "neighborhood protection" and focused on avoidance of . basic land-use conflicts. The result was a 37-page neighborhood protection ordinance, with only three zoning districts covering the entire community--neighborhood conservation, urban neighborhood, and mixed use. The city also promised residents that the new ordinance would not require additional staff or revenue to administer. The new ordinance was approved by referendum and passed by the' city council in May 1995. Contextual zoning in Baytown relies on compatibility standards and setback averaging to achieve the desired protection of residences from incompatible uses and undesirable changes in character. Setback averaging is allowed where 0 to 60 feet 10.0 feet 6 feet 60.0 ] to 70 feet 12.0 feet 8 feet 70.01 to 80 feet 14.0 feet 10 feet 80.01 to 90 feet 16.0 feet 12 feet 90.01 to 100 feet 18.0 feet 14 feet More than 100 feet '. 20.0 feet · 16 feet Lee D. Einsweiler, AICP, is a principal associate with James Duncan and Associates, a consultingfirm specializing in plan implementation techniques in Austin, Texas. The maximum permitted height w~ stepped back from adjacent lot lines, starting at 35 feet within the first 50 feet from the lot line and rising to 40 feet within the next 25 feet. Beyond 75 feet from the lot line, height was allowed to increase one foot for every five feet of additional setback (see Figure 5 below). Figure 3 ~ NC Zoning or ~t ~'~ = ..... Max He~g~ eaC --~ ~a~.~,~ 4o~ I Distance from Lot Ufle '/7