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analysis may reveal that changes to the
<br />future land -use map, rather than the zoning
<br />map, are needed to create consistency be-
<br />tween land use and zoning.
<br />3. If a lot is vacant, the lot should be as-
<br />signed a zoning district similar to adja-
<br />cent lots unless the future land -use plan
<br />states that an alternative land use is more
<br />appropriate.
<br />4. While the chosen zoning district should be
<br />consistent with the future land -use map, it is
<br />important to catalog nonconforming uses dur-
<br />ing the zoning revision process. Documenting
<br />these uses may reveal a common develop-
<br />ment pattern not recognized in the current
<br />zoning ordinance and not accounted for in the
<br />more general land -use categories of the plan.
<br />For example, in many older cities residential
<br />neighborhoods routinely contained corner
<br />stores. However, ordinances adopted 20 or
<br />3o years ago often made these uses noncon-
<br />forming with the goal of preserving residential
<br />character. Now that a growing number of
<br />municipalities recognize the value of mixed
<br />use development at a variety of scales, corner
<br />stores are often seen as a valuable component
<br />of predominantly residential neighborhoods.
<br />If, during the mapping process, it is discovered
<br />that certain areas have a significant number of
<br />nonconforming corner stores, it is a signal that
<br />the zoning text should be reevaluated to allow
<br />them as special uses or that a special district
<br />may need to be drafted to address them.
<br />It is important to keep in mind that
<br />zoning occurs in the realm of current devel-
<br />opment realities and property rights. While
<br />a future land -use plan typically projects
<br />a vision forward 20 years, zoning has to
<br />deal with current conditions on the ground.
<br />Therefore, unless consistency is required
<br />by city charter or state statute, most zoning
<br />maps are not carbon copies of a future land -
<br />use map, and zoning changes to align with
<br />such plan are undertaken incrementally.
<br />WHERE DO YOU DRAW THE LINES?
<br />As a municipality undertakes a rezoning, it
<br />is important to keep in mind where district
<br />boundaries are drawn. As a basic rule, dis-
<br />trict boundary lines should be drawn along
<br />existing streets and lot lines. This prevents
<br />split -lot zoning, where one lot is given two
<br />zoning designations.
<br />However, even with a future land -use
<br />plan as a guide, drawing the boundaries
<br />between districts can be complicated. For
<br />example, a future land -use plan will desig-
<br />nate a corridor as commercial but typically
<br />does not make this designation on a parcel -
<br />by- parcel basis but rather as a broad stroke
<br />of red along a commercial street. Pedestrian -
<br />oriented commercial corridors often abut
<br />lower- density residential districts. If a munici-
<br />pality is lucky enough to have alleys, these
<br />are natural boundary lines between districts.
<br />However, many municipalities have not de-
<br />veloped with alleys, so drawing the boundary
<br />becomes trickier. In this example, there are
<br />two concerns that must be balanced. First,
<br />sufficient land area must be remapped to en-
<br />courage commercial development. Typically,
<br />for commercial development, some zoning in
<br />depth is required, which may require rezon-
<br />ing residential lots located behind the com-
<br />mercial lots that front the corridor. Therefore,
<br />a prime consideration in mapping is de-
<br />termining if and where commercial zoning
<br />should intrude upon established residential
<br />zoning patterns.
<br />This brings up the second concern:
<br />if the reduction of residential zoning may
<br />result in nonconformities when existing resi-
<br />dential areas are placed within a commercial
<br />district. Specific site analysis will need to be
<br />undertaken to determine which replacement
<br />zone works best for areas that are currently
<br />zoned residential but need to change to
<br />accommodate the implementation of this
<br />land -use policy. The result may be a new
<br />district that allows both commercial and
<br />residential uses.
<br />Similarly, with many municipalities
<br />becoming more comfortable with form -
<br />based code techniques, regulating plans
<br />have become a common part of ordinances.
<br />Often, these regulating plans designate vari-
<br />ous controls, such as height or use, by street
<br />frontage. These designations should cover
<br />the entire lot, especially on corner lots.
<br />Again, this is to prevent layering contradic-
<br />tory controls on the same lot.
<br />I THOUGHT THE TEXT WAS DONE?
<br />Going back and revising text once mapping
<br />has started is not uncommon. The mapping
<br />process is just another Way to test the drafted
<br />districts and often you will find that the text
<br />needs further tweaking to make the districts
<br />work realistically. Other times, you may
<br />discover that some of the districts that have
<br />been retained are no longer needed. Because
<br />of this, there are often numerous iterations of
<br />both the zoning map and text. It is important
<br />to remember to continue to show the public
<br />the reasoning behind the changes between
<br />the drafts of the text and map so that they
<br />can follow the logic behind the revisions.
<br />THE END RESULT
<br />A comprehensive zoning map revision is no
<br />easy task. It requires balancing a number
<br />of factors that include addressing current
<br />development patterns, implementing goals
<br />for future redevelopment, and maintaining
<br />sensitivity to the concerns of property own-
<br />ers. However, by moving forward in a trans-
<br />parent fashion that Lays out the reasons for
<br />changes, remains consistent in the applica-
<br />tion of guiding principles, and is flexible
<br />enough to accommodate new findings dur-
<br />ing analysis, this balance can be achieved.
<br />In the end, striking this balance will result in
<br />a new zoning ordinance and map that create
<br />a predictable development environment for
<br />property owners across the city.
<br />VOL. 28, NO. 12
<br />Zoning Practice is a monthly publication of the
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