Agenda - Planning Commission - 08/04/2016

Home

it is recommended that ordinances directly address them. Proper controls must be put in place to ease neighboring residents' concerns in regard to living next door to a commercial use and also to allow for easier reuse of exist- ing structures, rather than a default variance process. These small storefronts are optimal for new, low -intensity small businesses. One way to handle these is to create a distinct categorical use called "neighborhood commercial establishment" It would be de- fined as "a commercial use established within a residential neighborhood that is nonresiden- tial in its construction or original use." These can then be allowed as a special use within select residential districts. If considering such a use, it is important to include conditions. Because these structures are historically part of the residential fabric, conditions should be tied to the surrounding residential area. Here are some suggestions: • The existing structure must be nonresiden- tial in its original construction. • The dimensional standards of the district still apply. • No additional off-street parking is required. • Drive -through facilities are prohibited. • Outside storage or display is prohibited. • All sales, servicing, processing, and storage must be located within the structure. • Signs must be restricted to small-scale wall, projecting, or awning signs. Because "neighborhood commercial establishment" is a categorical use, vari- A periodic outdoor flea market. ous designated uses can locate within that structure. This allows the uses to change over time so long as the neighborhood commercial establishment use is permitted in the relevant zoning district and the use -specific conditions are met. The following nonresidential uses are typically allowed within a neighborhood com- mercial establishment: • Art gallery • Arts studio • Day care center • Office • Personal services establishment • Restaurant • Retail goods establishment • Specialty food establishments New Orleans recently adopted a new zon- ing ordinance, and corner stores were a key issue since the historic predominantly residen- tial areas in the city have a light mix of uses. However, the prior code made many neighbor- hood commercial establishments nonconform- ing. By allowing this use within the historic residential neighborhoods, the small busi- nesses that were a key part of these neighbor- hoods could continue, and the nonresidential structures that may have been sitting vacant would be able to house new businesses. Temporary Uses, Permanent Investments New business owners often start small through temporary uses. In this way, temporary uses encourage entrepreneurship and can offer a means to grow into a brick -and -mortar busi- ness. The temporary use section of an ordi- nance should include a comprehensive set of temporary uses that are oriented toward this goal. Temporary uses that encourage the growth of small business include temporary outdoor sales events, temporary outdoor enter- tainment events, pop-up businesses, farmers markets, and food trucks. Like other uses, the ordinance should include controls on their function —identifying permissible locations, time frames of opera- tion, siting standards, and management or operational plans as appropriate. A temporary use permit requirement should be included so that uses can be regulated for impacts and to ensure that a temporary use isn't functioning, in fact, as a permanent use. This allows easier enforcement as well. For example, temporary outdoor sales events, such as a flea market, can have traffic, noise, and security impacts. The permit can stipulate mitigation measures as part of the permit approval, control the duration of the event, and enforce violations more effectively and efficiently. Temporary use permits are also important because these uses may begin with little or no impact, then grow over time to a point whereby they should have a permanent base. Growing Home Occupations Like temporary uses, home occupations can also encourage the growth of small businesses. Home occupations allow new businesses to save money at the start and establish their name before investing in a physical space and adopting a more traditional business model. Therefore, regulations on home occupations should be flexible, in particular as new technol- ogies become more affordable and the scope of what can be a home occupation expands. For example, 3-D printing allows for the cre- ation of prototypes at home, and some small- scale specialty food production and packag- ing activities may also be compatible with a residential environment. Consequently, home occupation standards that prohibit manufactur- ing and production need to be more refined to allow for low -impact cottage industries. THE RIGHT SET OF DEVELOPMENT STANDARDS The term "small business" usually implies that the structure itself will be smaller in scale than other businesses. For this reason, it is important that the ordinance have a district ZONINGPRACTICE 7.i6 AMERICAN PLANNING ASSOCIATION I page 5