Changes to Morgantown Zoning Ordinance

1
Changes to Morgantown Zoning Ordinance

• Planning Commission public hearing
• September 22, 2005

2
The Process

• Original Ordinance
• Adopted in late 1950s
• Updated on a piecemeal basis since adoption
• Disjointed, difficult to understand and
  administer, does not take advantage of new
  planning techniques
• Suburban orientation
• Not in conformance with new state planning
  enabling laws

• Amended Ordinance
• Logically ordered
• In compliance with new state law
• Takes advantage of many Smart Growth tools and
  techniques while better preserving neighborhoods.

3
The Process

• Effort to amend begun in 2002
• 6 neighborhood public input meetings were held
  concerning the text portion of the ordinance
• 3 input meetings held concerning the map
  amendments
• 3 joint BZA / PC workshops held

4
Comparisons, substantial changes

• Old Ordinance
• Poor table of contents
• Very inadequate definition section
• Poor organization, page numbering
• Illogical flow of various sections / topics

• Amended Ordinance
• Better table of contents, with page numbers
• Greatly expanded definition section, which
  accounts for most of the increase in ordinance
  length
• Logical ordering of subjects / topics

5
Comparisons, substantial changes

• Old Ordinance
• Various permitted land uses scattered throughout
  zoning district descriptions
• Conditional uses and contingent uses shown in
  appendices in back of ordinance

• Amended Ordinance
• Permitted, accessory and conditional land uses
  consolidated in one table for easy reference.
• Elimination of contingent uses.
• Introduction of supplemental regulations
  component of land use table.

6
Comparisons, substantial changes

• Old Ordinance
• Zoning Districts
• R-1, R-1A, R-2, R-3, PRO, O-I, M-U, B-1, B-2,
  B-3, B-4V, B-4P, B-5, I-1, PUD
• Some districts are redundant, with too little
  distinction between them. Others are very
  ill-defined.

• Amended Ordinance
• Zoning Districts
• R-1, R-1A, R-2, R-3, PRO, O-I, B-1, B-2, B-4,
  B-5, I-1, PUD
• Overlay districts ISOD (interstate sign overlay
  district), SCOD (Sunnyside central overlay
  district), SSOD (Sunnyside south overlay
  district), BCOD (Beechurst corridor overlay
  district).
• Eliminating M-U New ordinance assumes one may
  mix conditional and/or permitted uses within the
  same building.
• Consolidating B-2 and B-3 into one district
  called B-2
• Consolidating B-4P and B-4V into one B-4
  district, eliminating the parking requirement for
  construction in the downtown, along University
  Avenue / Don Knotts.

7
Comparisons, substantial changes

• Old Ordinance
• Districts
• R-1
• Front Setback 25
• Side Setback 10
• Rear Setback 25
• Max. lot coverage 35
• Min. lot size 7200 sf.
• Uses SF house, church, school, group home, etc.
• Min. lot width 70
• Max height 25

• Amended Ordinance
• R-1
• Front Setback 25 30
• Side Setback 10
• Rear Setback 25
• Max. lot coverage 40
• Min. lot size 7200 sf.
• Uses same
• Min. lot width 70
• Max height 35 or 2.5 stories.
• Front porches, if unenclosed, may extend up to
  50 into required front setback.

8
Comparisons, substantial changes

• Old Ordinance
• Districts
• R-1A
• Front Setback 25
• Side Setback 5
• Rear Setback 20
• Max. lot coverage 35
• Min. lot size 4000 sf.
• Uses SF house, church, school, group home, etc.
• Min. lot width 40
• Max. height 25

• Amended Ordinance
• R-1A
• Front Setback 8-20
• Side Setback 5
• Rear Setback 20
• Max. lot coverage 50
• Min. lot size 3500 sf.
• Uses same, plus conditional uses for mom and
  pop type establishments (see next slide)
• Min. lot width 30
• Max. height 35
• Front porches, if unenclosed, may extend up to
  50 into required front setback
• Justification for changes Requested by attendees
  at public input meetings, seeks to rectify
  suburban development standards in the old
  ordinance, that rendered entire neighborhoods
  non-conforming.

9
Mom and Pop Conditional Use

• Goal As requested by citizens at one of the
  public input sessions, the purpose is to
  re-introduce the historical ability to have
  small, neighborhood-friendly services and shops
  within easy walking distance of neighborhoods.
  Very tightly controlled design. Allowed in R-1A,
  R-2, R-3, etc. Not R-1.
• Structures must be 2 story.
• Gross building size (non-residential portion)
  limited to 2000 square feet in size, except for
  food service establishments, which are limited to
  500 sf customer service area.
• May have residential or office on second floor.
• Must use wood, stone, masonry or stucco finish on
  facades. No vinyl, metal, or exposed block.
• Setbacks from 3-6 feet in front.
• Any parking lots must be screened with 3.5 foot
  tall decorative masonry wall along street, dense
  landscaping on other borders.
• Front façade must be at least 40 glass (windows,
  shop door, etc.)
• Canvas awning required over entry.
• Sidewalks required where none exist.
• Hours of operation limited to 900 a.m. 800
  p.m. daily.
• No alcoholic beverages may be sold or served.
• Signage limited to 4 square feet. (2 x 2, for
  example)
• No drive-through lanes or windows permitted.

10
Comparisons, substantial changes

• Old Ordinance
• Districts
• R-2
• Front Setback 25
• Side Setback 5 10
• Rear Setback 20 25
• Max. lot coverage 35
• Min. lot size 3600-6000 sf.
• Uses SF house, duplexes, MF with conditional use
  permit, church, school, group home, etc.
• Min. lot width 40 60
• Max height 35

• Amended Ordinance
• R-2
• Front Setback 10-20
• Side Setback 5
• Rear Setback 20
• Max. lot coverage 50
• Min. lot size 5000 sf.
• Uses same, plus conditional uses for mom and
  pop type establishments (see next slide)
• Min. lot width 40
• Max height 35
• Front porches, if unenclosed, may extend up to
  50 into required front setback

11
Comparisons, substantial changes

• Old Ordinance
• Districts
• R-3
• Front Setback 25
• Side Setback 10
• Rear Setback 25
• Max. lot coverage 40
• Min. lot size depends on use.
• Uses SF house, duplexes, MF, church, school,
  group home, etc.
• Min. lot width 40
• Max. height 45 80

• Amended Ordinance
• R-3
• Front Setback 10-20
• Side Setback 5
• Rear Setback 20
• Max. lot coverage 60
• Min. lot size 5000 sf.
• Uses same, plus conditional uses for mom and
  pop type establishments (see next slide)
• Min. lot width 40
• Max. height 80
• Front porches, if unenclosed, may extend up to
  50 into required front setback. They are
  required for duplex units.
• Garages, if provided must be recessed 7 feet from
  primary façade of structure.

12
Comparisons, substantial changes

• Old Ordinance
• Districts
• PRO
• Max. building size 4000 sf.
• Office hours limited to between 6 am and 11 p.m.
• Signs limited to 20 sf.
• Uses Professional and medical offices, single
  and two family residential

• Amended Ordinance
• PRO
• Very similar in character and regulation.
• Max. building size is same.
• Office hours cut back to 10 p.m.
• Signs are the same.
• Uses are essentially the same.
• Lighting must be shielded to prevent glare.
• Sidewalks must be constructed where none exist
  now.
• No vinyl or metal siding.

13
Comparisons, substantial changes

• Old Ordinance
• Districts
• O-I
• Uses professional, medical offices,
  laboratories, veterinary offices, multifamily
  housing, pharmacies, hospitals, clinics, nursing
  homes, daycares, etc.
• Small setback requirements
• Max height 67 feet.

• Amended Ordinance
• O-I
• Uses Very similar, with addition of very limited
  retail and service establishments, but does not
  permit multifamily housing.
• Similar setbacks, but slightly higher in rear and
  side.
• Max height 72 feet
• Lot coverage same (60)

14
Comparisons, substantial changes

• Old Ordinance
• Districts
• B-1
• Uses extremely permissive, allows retail,
  services, drive-through restaurants, gas
  stations, etc. No control on building size or
  design.
• Allows 90 lot coverage.
• Destructive to neighborhoods

• Amended Ordinance
• B-1
• Uses Much more tightly controlled, to allow only
  businesses that serve local neighborhoods. No
  drive-throughs, no gas stations, etc.
• Size of buildings is limited.
• 5000 sf footprint for individual buildings (10k
  sf max. size total)
• 10k sf footprint for small scale shopping centers
  (20k sf max. size total).
• Sidewalks required
• On-street parking immediately in front of lot can
  be counted.
• Buildings must be at least 2 stories.
• Architecture, design, and building materials are
  strictly regulated to ensure compatibility with
  adjoining neighborhoods.
• Max. building height 45
• Because of the restrictive nature of these
  changes, some properties currently zoned B-1 will
  be upzoned to B-2 if there is an existing use on
  them that is substantially in non-compliance with
  the new rules.
• Lot coverage reduced to 70

15
Comparisons, substantial changes

• Old Ordinance
• Districts
• B-2, B-3
• High intensity commercial uses.
• 40 front setback
• Service and accommodation type of businesses, as
  well as all B-1 uses and office uses.
• 35 max height.

• Amended Ordinance
• Districts combined into one single B-2
  district.
• As a result, all property now zoned B-3 will be
  rezoned to B-2 to reflect the name change.
• Uses are very similar
• Setbacks reduced, and parking prohibited between
  front of building and street.
• Height limit increased to 72 feet.

16
Comparisons, substantial changes

• Old Ordinance
• Districts
• B-4P and B-4V
• Downtown and wharf district areas.
• Currently divided into a subdistrict that
  requires parking and one that does not.
• Design suggestions through review process
  (voluntary compliance)
• Minimal setbacks, high percentage of lot coverage
  allowed.
• Height limit for residential structures is 200
  feet.

• Amended Ordinance
• Districts combined into one single B-4 district
  that does not require parking.
• As a result, all property now zoned B-4V will be
  rezoned to B-4 to reflect the name change.
• Uses are very similar.
• Setbacks very similar, and parking prohibited
  between front of building and street.
• Height limit is 120 feet by right, or higher with
  conditional use permit if light and air is not
  unduly disturbed.
• Design review still required.

17
Comparisons, substantial changes

• Old Ordinance
• Districts
• B-5
• Regional shopping centers, large malls,
  department stores, grocery stores, etc.
• Requires 6 acres of land minimum

• Amended Ordinance
• B-5
• Min. lot size is 0.5 acres
• Minimum bldg. height is 25 feet. Max. is 75 feet.
• Walls must be faced with brick, stone, marble,
  approved metal paneling (no more than 20 of any
  wall surface) or cast concrete.
• Sidewalks required.

18
Comparisons, substantial changes

• Old Ordinance
• Districts
• I-1 (industrial)
• Pyramidal, all uses in lesser districts permitted
  in I-1.
• Performance standards for noise, pollution,
  smoke, glare, etc.
• Min. 12 acre lot size.

• Amended Ordinance
• I-1
• Min. lot size is 2 acres
• Uses limited to industrial types of uses. As a
  result, a lot of industrially zoned land,
  especially in Sabraton, will be rezoned to
  reflect existing uses (commercial districts).
• Max. bldg. height is 65 feet.
• The only district where video lottery
  establishments will be permitted in the new
  ordinance.

19
Comparisons, substantial changes

• Old Ordinance
• Districts
• PUD (planned unit development)
• Min. 2 acre lot size, except in Sunnyside, where
  they may be 1 acre.

• Amended Ordinance
• PUD
• Largely unchanged.
• Exception Now developers will have an option to
  do a residential only PUD where warranted.

20
Comparisons, substantial changes

• Amended Ordinance
• New Districts (overlays)
• ISOD Interstate Sign Overlay District a 500
  deep district adjoining the I-68 corridor in
  Sabraton. This will be the ONLY place in the city
  where billboards and pole signs will be permitted
  in the future (existing signs are grandfathered).
• Sunnyside Overlay Districts (SCOD, SSOD, BCOD)
• Incorporated via recommendation of the Sunnyside
  Comprehensive Redevelopment Plan. Purpose is to
  achieve certain design goals stated in the Plan
  Applies only to certain portions of the Sunnyside
  neighborhood (see zoning map).

21
Comparisons, substantial changes

• Old Ordinance
• PARKING
• Very disjointed. Limited definition of types of
  uses and their associated parking requirements.
• Meaningless landscape buffering, with no
  requirement to plant anything in them

• Amended Ordinance
• PARKING
• Comprehensive table of parking requirements for
  various uses.
• Specifications for quantities, species, sizes and
  spacing of trees and shrubs required for planting
  in buffers.
• List of approved species, developed with
  assistance from local experts.

22
Comparisons, substantial changes

• Old Ordinance
• Signs
• Very disjointed. No uniform location to search
  what is allowed / required.
• Extremely permissive. No absolute limit on number
  of signs, or size of signs except in downtown
  district.
• Allows all sorts of signs, including billboards,
  pole signs, wall signs, free-standing signs, etc.

• Amended Ordinance
• Signs
• Sign ordinance in one centralized location in
  ordinance. Easy to determine what is allowed /
  required.
• Limits the sizes of signs based on the linear
  feet of street frontage a property has.
• NO more pole signs or billboards allowed except
  in the ISOD district.
• Requires elimination of non-conforming signs as a
  condition of getting a permit for a NEW sign.
• Still exempts political signs, signs hanging
  inside of windows, etc.
• Freestanding signs limited to 6 feet in height.

23
Administrative Details

• New ordinance
• Very clear site plan review procedures. Specifies
  what levels of detail are required, how the
  process works, etc.
• Nonconforming uses, powers and duties of Planning
  Commission and BZA are all brought into
  compliance with new state planning enabling law
  (Article 8A of the West Virginia Code)
• Conditional uses now reviewed only by BZA,
  instead of both PC and BZA (as per new state
  law).
• Site Plan review thresholds for small and larger
  projects remain the same (12 mf units, or 15k
  nonresidential space).
• Allows BZA to have 2 alternate members.

24
Map Amendments

• Every zoning ordinance consists of an Official
  Map, and a Text. There will be Map changes in
  association with this ordinance. Important ones
  include
• Changing some B-1 to B-2
• Consolidating B-2 and B-3 into one single B-2
• Rezoning a lot of Industrial zones to commercial
  to reflect existing land use patterns.
• Establishing zoning for the first time on lands
  owned by WVU that were annexed into the city
  several years ago. They are currently unzoned
  lands.
• Consolidating B-4V and B-4P into one district
  (B-4)
• Residential zones left largely unchaged.

25
Where do we go from here?

• After Planning Commission adoption, ordinance
  goes on to City Council for consideration. It
  must be heard at two consecutive meetings, one of
  which will be a Public Hearing.
• Questions?
• Planning Department 284-7431.