Agenda - Planning Commission - 09/05/1995

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THE ZONING REPORT Page Six 8. TYPES OF SHORELINE REGULATORY AREAS A. Regulatory buffers landward along shorelines. These buffers are imposed on all shorelines in the jurisdiction as a single mechanism for regulating shoreline development; they are superseded by regulations for shorelines in other defined areas, such as floodlands, estuaries, large-water coasts and wetlands. These buffers have a specified depth landward of the defined shoreline boundary. These buffers usualIy have the same width in most zones for a particular class of shore- line, for all inland waters other than named large lakes and rivers, harbors and ports, which may have their own regulatory buffers, and for designated beach and dune areas in a jurisdiction. Most regulatory buffers take the zoning requirements of shore yards and may be the local equiva- lent of shore yards. B. Overlay shoreline zones generally have broader functions than regulato.ry buffers~ perhaps a community having more than one overlay zone to accomplish different community goals. Overlay shoreline zones tend to be wider ahd have a 'much greater variability of width than regulatory buffers landward from the shoreline. Buffers are 25-100 ft wide at a uniform specified width and overlay zones vary in width typically from 25 ft to a mile or more, mapped according to criteria implementing comprehensive plan development objectives. These zones, by purpose, might be: (a). Water qualit, y ov. erla~ z.one restricts land use in it to open space uses or to low im- pervious surface ratios. Existing uses in base zones are allowed but are subject to severe restrictions on the location of buildings, parking lots, roads and drives and hard surfaces such as tennis courts and patios in the overlay area. Recent case law on takings should reduce the severity of these restrictions to allow alternative economic use of shorelands. (b). Waterfront combining zone is a shoreline zone in urban areas. Uses and bulk regula- tions of base zones remain in effect but additional uses allowed in the overlay zone are water-oriented uses to be approved conditionally. Buildings and other structures are regu- lated in their siting and bulk, especially as to how buildings relate on the site plan direct- ly to the shoreline and allowable seaward structures~ Building facades 'facing the shoreline may be required to be finished architecturally. Special FAR bonuses may be allowed t~ increase the height of principal buildings above the base zone maximum height, and to al- low additional height for in-building parking garages, to reduce the footprint coverage of all buiIdings in the overlay zone and impervious surface ratios near the shoreIine. Stan- dards in the overlay zone may apply to existing water-oriented uses if these uses are sub- stantially remodeled or expanded. (c). River corridor overlay zone typically is imposed along one or few named major rivers that pass through the community. Uses and development standards in base zones remain in effect in the overlay zone, subject to special flood and wetland regulations. The overlay · may impose special setback and zone yard regulations in shore yards to conserve and pro- tect the shoreline' and floodways. To optimize scenic views and vistas of the river from the nearest public.st'reet, the .overlay zone may impose special side yards that restrict new landscaping and require orientation of buildings on lpts to provide straight-through view lanes, C. Base shoreline zones. (a). Conservation~ agriculture and open space base shoreline and coastal zones. These zones are intended to maintain and preserve undeveloped shoreline areas. Uses in the zone are limited to open space, agriculture and forestry. Many codes allow single-family dwel- August 4, 1995 issue