DCAs Model Code and the Starter Code

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DCAs Model Code and the Starter Code
Regulatory Tools for Georgias Communities
The trouble with land is that theyre not making
it anymore. Will Rogers
Jon A. West GEORGIA DEPARTMENT OF COMMUNITY
AFFAIRS Office of Planning Quality Growth
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History
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What does it do?
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How does it relate to zoning?

• Areas that do have zoning ordinances in place may
  be dissatisfied with the results
• The code adds additional development regulation
  concepts that are not usually found in
  conventional zoning ordinances
• Tools presented today can be in addition to, or
  in lieu of, zoning
• Borrows zoning concepts but does not use a zoning
  map (though similar option is provided)
• Provides regulations that apply in only some
  parts of the locality (specific geography)

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All that . . . and a bag of chips.

• Extensive Legal Review

Commentary Provided
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A Few Things to Remember . . .
The entire code cannot be adopted in its current
form.
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A Few Things to Remember . . .
Most of the modules fit together as a coherent
and consistent whole but . . .
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A Few Things to Remember . . .
. . . there is duplication . . .
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A Few Things to Remember . . .
. . . overlap . . .
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A Few Things to Remember . . .
. . . and some conflict
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A Few Things to Remember . . .
. . . because it presents multiple alternatives.
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A Few Things to Remember . . .
Models are just thatMODELS. They must be
reworked to fit local needs.
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• The Starter Code A Very Basic Regulatory
  Framework

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Key Articles in The Starter Code

• ARTICLE 1 GENERAL PROVISIONS
• ARTICLE 3 ENVIRONMENTAL PROTECTION
• ARTICLE 4 SUBDIVISIONS AND LAND DEVELOPMENT
• ARTICLE 5 PERFORMANCE-BASED REGULATIONS
• ARTICLE 6 USE-BASED RESTRICTIONS
• ARTICLE 7 MAPPED AREAS WITH SPECIFIC REGULATIONS
  
• ARTICLE 10 PROCEDURES AND PLANNING COMMISSION

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Key Components of Article 1 General Provisions

• Preamble
• Land Use Permit
• Administration
• Legal Status Provisions
• Board of Appeals
• Enforcement
• Adoption

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Key Components of Article 3Environmental
Protection

• A soil erosion and sedimentation control that
  applies to areas of the community that would not
  otherwise be regulated by the state statutes
• This article follows the model ordinance of the
  State Soil Water Conservation Commission
• Other environmental protection regulations are
  important for instance, the environmental
  planning criteria but they are excluded from
  the starter code

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Key Articles of Article 4Subdivision and Land
Development

• Preliminary plats
• Final plats
• Development plans
• Exemptions
• Modifications
• Improvement specifications
• Administration

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Key Components of Article 5 Nuisances

• Many local governments already have general
  nuisance provisions in their code
• Prohibit the more annoying, disturbing, and
  unsafe activities
• Module makes it unlawful to allow or maintain
  certain activities and conditions
• Examples tall grass, noise, odors, smoke

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Key Components of Article 6 Use-based
Restrictions (no map)

• Specific use regulations (selected)
• Uses dont have to be regulated by district Can
  adopt stand-alone ordinances or ordinance
  provisions governing incompatible uses, such as
  airports, landfills, quarries, etc
• Home based businesses -- uses the concept of home
  occupation regulation but applies it without a
  zoning map Protect homes from excessive
  commercial uses
• Manufactured homes and home parks

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Manufactured Home Compatability Standards
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Manufactured Home Park Standards
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Key Components of Article 7 Mapped Approaches

• Designation of Agricultural Lands
• Agriculture Use Waiver

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Key Components of Article 10 Procedures
Commission

• Procedures these are streamlined there is no
  map amendment procedure since land use districts
  are not established and no conditional use
  procedure is established
• Planning Commission established and empowered

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The Model Code A Full Spectrum of Regulatory
Tools
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Articles of the Model Code

• 1. Standard Template for All Ordinances
• 2. Environmental Planning Criteria
• 3. Environmental Protection
• 4. Subdivisions and Land Development
• 5. Performance Approaches (No Map)
• 6. Use-based Regulations (No Map)
• 7. Mapped Approaches
• 8. Special Growth Management Techniques
• 9. Regulations to Implement Character Areas
• 10. Procedures, Boards, and Commissions

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Additional Components of Articles 2 3
Environmental Protection

• Environmental criteria (part 2 of the model
  code) wetlands, water supply watersheds,
  groundwater recharge areas, and protected river
  corridors
• Flood Plain Management (part 3)
• Grading (in addition to soil erosion)
• Environmental impact review

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Additional Components of Article 3 Environmental
Impact Review ( 3-5)

• Identify and mitigate the impacts of development
  on the environment
• Require environmental checklist and consider
  environmental consequences
• Staff makes a determination of impact which
  consists of one of the following
• (a) Finding of no significant impact (FONSI)
• (b) Significant impacts will be mitigated
• (c) Finding of probable significant adverse
  impact environmental impact statement required

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Additional Components of Article 4
Land-Development

• 4-2 Alternative Street and Pedestrian System
  Standards
• 4-3 Bicycle Facility Specifications
• 4-4 Tree Protection
• 4-5 Landscaping and Buffers

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Additional Components of Article Performance
Related Regs

• 5-1 Perfomance Standards for Off-Site Impacts
• 5-2 Development Performance Standards
• 5-3 Public Nuisance
• 5-4 Major Permit Requirement
• 5-5 Land-use Guidance (Point) System
• 5-6 Traffic Impact Studies

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Key Provisions of 5-1 Performance Standards
for Off-Site Impact

• Prevent negative externalities of various uses,
  such as odor, noise, lighting, dust, etc. from
  adversely impacting abutting and nearby
  properties
• Performance standards approach can be used in
  lieu of zoning districts also can be combined
  with zoning districts
• Includes provisions for outdoor lighting, noise,
  vibration, odor, particulate matter, and
  electromagnetic interference

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Key Provisions of 5-2 Development
Performance Standards

• On-site development controls
• Regulate by land use not zoning district
• Height limits, setbacks, and buffers
• Maximum development intensity limits (impervious
  surface, open space and development coverage
  ratios)

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Key Provisions of 5-4 Major Permit
Requirement

• Certain projects require review and approval by
  the governing body
• 10 acres (commercial) or 10-lot subdivision
• Ten criteria specified to help the governing body
  review applications additional guidance also
  provided
• Borrowed from Vermont Act 250 (1970)

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Key Provisions of 5-5 Land-Use Guidance
(Point) System

• Project rating system for growth management
• Disallow scattered or leapfrog subdivisions and
  encourage developments contiguous to existing
  development and fully supported by services
• Requires at least twelve (12) points to receive
  approval additional points can be gained by
  providing amenities (park, etc.)

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Additional Components of Article 7 Mapped
Approaches to Regulation

• 7-3 Agricultural Buffers
• 7-4 Land-use Intensity Districts and Map
• 7-5 Interchange Area Development
• 7-6 Mixed-Use District
• 7-7 Scenic Corridor Overlay District
• 7-8 Rural/Suburban Arterial Corridor Overlay
  District
• 7-9 Residential Infill

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Key Provisions of 7-5 Interchange Area
Development

• Interchange may be only area with growth pressure
• Requires site plan approval but no use
  limitations
• Setbacks, buffers, sign controls, landscaping
  requirements, etc.

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Key Provisions of 7-7 Scenic Corridor
Overlay District

• Protect views from the road
• 1,000 foot corridor, 100 foot setback, and 40
  foot buffer, established
• Tree planting requirements
• Product viewing areas permitted (20)

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Key Provisions of 7-8 Arterial Corridor
Overlay

• Avoid strip commercial development
• Establish nodal development pattern at major
  intersections (i.e., focus areas)
• Amenity zones within focus areas
• Generally prohibits commercial and industrial
  uses outside focus areas
• Best implemented after plan is developed for the
  corridor

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Components of Article 8 Special Growth
Management Techniques

• 8-1 Rural Clustering
• 8-2 Corridor Map
• 8-3 Development Agreement
• 8-4 Interim Development Regulations
• 8-5 Affordable Housing

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Components of Article 9 Regulations to
Implement Character Areas

• 9-1 Downtown Specific Plans
• 9-2 Design Review
• 9-3 Design Guidelines
• 9-4 Historic Preservations
• 9-5 Form-based Code Provisions
• 9-6 Character Districts

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Procedures and Commissions
Components of Article 10 Procedures, Boards,
and Commissions

• 10-1 Procedures
• 10-2 Planning Commission
• 10-3 Hearing Examiner
• 10-4 Urban Redevelopment/Downtown Development
• 10-5 Intergovernmental Agreement for Services

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Considerations, Obstacles and Questions About
Adoption, Administration and Enforcement. . .
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What do we want to regulate?

• The land use permit
• Subdivision plat approval
• Land development or site plan approval
• Soil erosion (land disturbance) permit
• Building permit
• Land use district change
• Conditional use permit
• Variance

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What about politics?

• Election cycles
• Campaign promises
• Political culture
• Misinformation campaigns
• Respect for property rights
• Reaction to the Z word (zoning)

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How are we going to do it?

• Staffing questions to whom will the local
  government assign the duties of administering and
  enforcing the new regulations?
• Board/commission questions which boards exist
  now and what, if any, new arrangements are
  needed?
• Financial questions how much will it cost to
  administer and enforce the regulations?
• Planning support are additional work products,
  like maps, needed to adopt and implement the
  regulations? If so, how will they be completed?

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Whos going to manage it?

• City or County Clerk
• Zoning Administrator
• Building Official or Building Inspector
• Community Development Director or City Planner
• Code Enforcement Officer or County Marshal
• Public Works Director or City/County Engineer
• Utility Personnel
• Tax Assessor
• Private Contractor
• Sharing arrangement with other community
  (intergovernmental agreement)

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• Capacity
• The willingness of the local government to adopt
  land use regulations given local political
  constraints, and the ability of the local
  government to adequately and responsibly
  administer and enforce the regulations that have
  been adopted (or are recommended for adoption)

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What resources can we devote?

• We have no administrative or enforcement staff
• We have staff who are available, but they are not
  professionals in the field
• We have staff but they cannot take on additional
  responsibilities
• We have one or more development processes that
  are enforced (e.g., soil erosion)
• We have a building inspection department and
  enforce building codes
• We have a city/county planner

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• A regulation can only be effective if its
  properly enforced and administered.

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The Model Code On the Web!
All of the materials discussed today (including
the newest version of the Model Code, the Starter
Code, and several informational PowerPoint
presentations) are available online at DCAs
website! To access them type this link into
your browser windows address field http//www.dc
a.state.ga.us/development/PlanningQualityGrowth/pr
ograms/modelcode.asp
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When we build, let us think that we build
forever. Let it not be for present delight nor
for present use alone. Let it be such work that
our descendants will thank us for And let us
think as we lay stone on stone, that a time is to
come when those stones will be held sacred
because our hands have touched them, and people
will say, See! This our parents did for
us! John Ruskin