Agenda - Planning Commission - 12/01/2005

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StreamliMng. Land-use classification sys- tems can shorten the length of an ordi- nance by providing an external reference for uses. This rs particularly useful when staff have to address uses rarely seen in the jurisdiction. Instead of lengthening' the ordinance and increasinB' printing costs by defining each use in the code document, i'he detinitions can be reserved For uses that involve the majority of staff time. Use relati~nshlp$. When a list of uses is published in matrix format, the reader can easily tell where the community permits the uses. ]'he traditional enumerated Est of uses permitted in each district does not allow such comparisons. WHY WE NEED CLASSIFICATION SYSTEMS While J:orm-based zoning is the latest trend in tim planning' profession, use districting' remains ~he mainstay of most zoning ordi- nonces. This is expected to continue into the foreseeable future because key participants in the land-,Jse planning process have legitimate interests in district uses. FirsL developers and landowners are interested [n preserviu§ uses that maintain the ecrmmnic viability of commercial and i;~du~trial z~)ning districts. A simple chang.e in comm~.rdal zoning from a district with limited uses to one with a broader ran§e of u:~es ~:xn yield significantly hi§her rents from rile jo. me building'. However, some commer- cial !andowners are key proponents of use ms[rhmom~. This was one of the earliest jus- tification~ of £udidean zoning.. For example, a ',',~,.¥ ,]him:tire of New York City's t9~6 zonin§ ,[i,~tf[c,, r~,,;td,~rions was tc~ protect the city's Garment District. Loc'al governments continue to use zoning to preserve land for uses that generate high employment or tax ratables, and to maintain opportunities for economic development. Second, public officials have a significant interest [n separating uses that can create public nuisance situations. Protecting the public health, safety, and Welfare remains the most significant justification for zoning and land-use re§ulations. While environmental reg.ulations can mill§ate many impacts cre- ated by intensive land uses, spatial segrega- tion is still one of the most powerful means to avoid adverse impacts on sensitive la~d uses. Third, neighborhoods are interested in use-based zoning to protect property values and to maintain the tranquility of residential neighborhoods. Regard[ess of how'well a build- in§ is designed, the uses that occupy the build- ing can generate noise, vibration, and similar characteristics that are incompatible with a res- identia[ riving environment. Examples include high-turnover restaurants, adult bookstores, ni§htctubs, bars, and other uses that §enerate high traffic volumes o~ characteristics that neighbors often find objectionable. On the other hand, zoning regulations must mediate neighborhood concerns with regional needs for affordable housing, living environments for dis- abled persons, and site locations for churches, cell towers, medical facilities, and other land uses that have regional benefits but that are typically ul~poputarwith neighborhoods. Federal regulations guveming such uses, such as the Telecommunications Act of ~996 and the Religious Land Use and Institutionalized ZONINGPRACTICE 9.0~. 69 AMERICAN PLANNING ASSOCIATION I poge 3