Agenda - Planning Commission - 04/05/2018

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Use Permissions Defining micro apartments as a distinct use makes it easy for the community to single out these units for special treatment in tables or lists of use permissions by zoning district. For some cities, the goal may be to permit micro apartments in zoning districts that do not otherwise allow multifamily develop- ment. For others, the goal may be to limit micro apartments to a small number oftran- sit- or pedestrian -oriented districts. There are three basic types of use permissions in zoning: by right (or as -of -right), ministerial, and discretionary. Permitting micro apartments by right sends a clear signal to potential developers that these units are desirable in a certain zoning district. This approach presents applicants with the fewest hoops to jump through before obtaining zoning approval. Requiring a ministerial approval for micro apartments communicates that the community is generally supportive of these units in a certain zoning district, but this support is conditional upon compliance with objective standards intended to minimize negative impacts on proximate uses. This approach gives planning staff an opportunity to review an application before the planning director or zoning administrator issues an "over-the-counter" permit. Often, commu- nities use ministerial approval processes to confirm that a particular application conforms to use -specific standards (see additional standards discussion below). Permitting micro apartments subject to a discretionary use permit (often referred to as a conditional, special, or special exception use permit) indicates that the community is potentially supportive of these units in a certain zoning district, provided the specific spatial and operational charac- teristics of the use do not pose compatibility problems. Discretionary approval processes typically involve one or more public hearings before the local legislative body, planning commission, or zoning board renders a final decision on an application. Because the lon- ger approval time frame and a greater degree of uncertainty can discourage some appli- cants, discretionary use permissions work best for locations or circumstances where objective standards are likely to be insuffi- cient to ensure compatibility. Interestingly, only four of the seven cities noted that define a term analogous to micro apartments in their zoning codes include these terms in their enumerations of use permissions (see table below), although in one of the three remaining examples, the city's use definition specifies permissible zoning districts. Six cities permit micro apartments in at least one district by right or ministerial approval. The other requires all micro -apartment projects to apply for a dis- cretionary use permit. However, if the project is sited on less than one acre and does not require an environmental impact report, the planning director can render a decision, and a public hearing is not mandatory. Communities that want to include district -based use permissions for micro apartments in their zoning codes should consider permitting these units either by right or with a ministerial approval in all pedestrian -oriented districts that allow multifamily residences. While these projects have significantly higher unit densities than conventional multifamily buildings, the num- ber of residents per acre does not, typically, USE PERMISSIONS FOR MICRO APARTMENTS increase proportionally. Furthermore, based on the demographics discussed above, micro - apartment households are less likely to own cars or enroll students in local schools. Additional Standards for Micro Apartments Many contemporary zoning codes limit use permissions with use -specific development or operational standards. By codifying objec- tive additional standards for specific uses, the community can permit a wider range of uses without relying on discretionary use permits to ensure compatibility. In some cases, use -specific standards apply only in certain zoning districts, while in other cases the standards apply community -wide. The most common use -specific stan- dards in contemporary zoning are off-street parking requirements. Typically, commu- nities require every land use to provide a minimum amount of off-street parking on -site. However, a growing number of com- munities stipulate the maximum amount of off-street parking for various uses (with or without also specifying a minimum). All seven cities noted that define a use analogous to micro apartments in their zoning codes have adopted use -specific, off-street parking standards (see table on page7). Four of the cities require a minimum amount of off-street parking; the other three cap the amount of off-street parking. Beyond off-street parking standards, there is little consistency from place to place regarding other use -specific zoning stan- dards. Six cities include an explicit minimum unit size. Five require on -site bicycle parking. Three include site -specific locational restric- tions, such as transit proximity or inclusion within an overlay district. One stipulates Permitted in One or More Districts City State Defined Use By Right or Subject to Discretionary Ministerial Approval Use Permit Grand Rapids MI Micro -Unit X' Hartford CT Efficiency / Micro -Unit X Miami FL Micro Dwelling Unit X Oakland CA Micro Living Quarters X Seattle WA Small Efficiency Dwelling Unit X2 X' Springfield MO Micro -Efficiency Multifamily Dwelling Unit X' X' West Palm Beach FL Micro -Unit X I. Use permissions do not distinguish between the defined use and other multifamily dwelling units. 2. Use permissions do not distinguish between the defined use and other dwelling units. ZONINGPRACTICE 3.18 AMERICAN PLANNING ASSOCIATION Ipage 6