Update: I've created an updated version of this table that includes the new Neighborhood Residential zone.
One of the more frustrating aspects of the zoning conversation is that a lot of people think we're going from "not very" zoning to something much much stricter. The reality is a lot more complicated than that, but very tricky to pin down. The two laws aren't precisely comparable, even on basic questions like which uses are allowed. The maps have some similarities, but a lot of differences.
I've put together a big table that includes the table of allowed uses from the July 2010 draft and also shows those uses for the older (originally 1988) zoning currently in effect. Creating that table was complicated by the very different structures of the two laws, and the different definitions they used. In many cases, the new law defines things that didn't exist in the old law, and sometimes creates larger categories. The old law, for example, mentioned golf courses, which is likely "Recreational Facility, Athletic" in the new law, but that doesn't mention golf. Similarly, libraries are a separate category in the new law, but unmentioned in the old.
The old zoning districts don't correspond neatly with the new either. To figure out what's changing for a specific area, you need to visit the old map (image or PDF), and figure out what zone the parcel is in. Then you need to visit the new map (image or PDF) to see where it's going. Then you can figure out how allowed primary uses are changing there.
Also, in the new zoning, there are overlay districts that don't fit into the table. The Optional Traditional Neighborhood Development Overlay Districts (OTNDO) are on the map, but not in the table. If you live in Etna or near the Village of Dryden, you probably should take a look at that definition to see what it might mean for you.
I've also left Elder Cottages out. I need to read the new and old laws to figure out what's going on there. It doesn't neatly fit these tables, and the rules have always seemed strange to me.
One feature of the old zoning law deserves special mention. The M-A zones - manufacturing - include a provision that permits any non-prohibited and non-allowed use to be included by Special Use Permit. That's why some of the unknowns in the table are still marked ? SUP.
This is only the allowed uses table - this doesn't cover difference on subdivision, signage, density, parking, etc. Hopefully it's a start, though.
Warning: This is not a legal document. Do not use it to make decisions about what to do with your land! It is only meant for comparing the two laws, and may well be WRONG. If you find something wrong, please let me know in comments below.
Key:
NEW (July 2010) DRAFT ZONING | EXISTING ZONING | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
USES | RR | RA | CV | H | CC | LIO | R-B | R-B-1 | R-C | R-D | M-A | Note on Old | |
AGRICULTURAL GROUP | |||||||||||||
Agricultural Use | P | P | P | P | P | P | P | P | P | P | P | ||
BUSINESS GROUP - All uses allowed are subject to Site Plan Review | |||||||||||||
Adult Use (see §1302) | X | X | X | X | X | SUP - Only in LIO-A | X | X | X | X | SUP - Only in M-AA | ||
Agriculture-Related Enterprise | X | SUP | SUP | SUP | P | SUP | Farm stands 50' from road center | P | |||||
Artist Studio/ Craft Workshop | SUP | SUP | SUP | SUP | P | P | X | X | P | P | ? SUP | 'Studio' | |
Automotive Repair Garage (see §1310) | X | SUP | X | SUP | SUP | SUP | X | X | SUP | SUP | P | ||
Automotive Sales | X | X | X | X | SUP | SUP | X | X | X | X | P | ||
Automotive Salvage | X | SUP | SUP | X | SUP | SUP | X | X | SUP | X | X | ||
Automotive Towing Service (see §1306) | X | SUP | X | SUP | SUP | SUP | X | ? | ? | ? | ? SUP | Undefined | |
Bed-and Breakfast establishment | SUP | SUP | SUP | SUP | SUP | X | X | X | SUP | SUP | ? SUP | Tourist Homes, Hotel/Motel | |
Boarding House | X | SUP | X | SUP | X | X | X | X | SUP | SUP | ? SUP | ||
Campground | SUP | SUP | SUP | X | X | X | ? | ? | ? | ? | ? SUP | Mentioned in sign ordinance | |
Car Wash | X | X | X | SUP | SUP | P | X | X | X | X | P | ||
Commercial Riding Facility (see §1307) | X | SUP | SUP | X | SUP | X | ? | ? | ? | ? | ? SUP | Undefined | |
Contractor's yard | X | SUP | X | X | SUP | SUP | X | X | SUP | SUP | P | Sort of like lumber/coal | |
Day care center | SUP | SUP | X | SUP | SUP | P | ? | ? | ? | ? | ? SUP | Undefined | |
Drive-through facility (see §1309) | X | X | X | X | SUP | SUP | ? | ? | ? | ? | ? SUP | Undefined | |
Gasoline station | X | X | X | SUP | SUP | SUP | X | SUP | SUP | SUP | P | ||
General Office Building | X | X | X | SUP | P | P | X | X | P | P | P | ||
Hotel / Motel | X | X | X | SUP | P | SUP | X | X | SUP | SUP | P | ||
Industry, Light | X | X | X | SUP | P | P | X | X | X | SUP | P | ||
Industry/Manufacturing (see §1303) | X | X | X | X | X | SUP | X | X | X | X | P/SUP | Definitions tricky | |
Inn | SUP | SUP | SUP | SUP | P | X | X | X | SUP | SUP | P | As motel? | |
Kennel (see §1308) | X | SUP | SUP | X | SUP | X | ? | ? | ? | ? | ? | Undefined | |
Mining (see §1304) | X | SUP | X | X | X | SUP | X | X | SUP | SUP | ? SUP | ||
Nursery/Greenhouse | SUP | SUP | SUP | SUP | P | X | P | P | P | P | P | ||
Professional office | X | X | X | SUP | P | P | X | X | P | P | P | ||
Restaurant | X | X | X | SUP | P | SUP | X | X? | SUP | SUP | P | ||
Retail business | X | X | X | SUP | P | P | X | SUP | SUP | SUP | P | ||
Retail shopping centers / plazas | X | X | X | SUP | SUP | X | X | X | X | SUP | ? SUP | ||
Retreat or Conference Center | X | SUP | SUP | SUP | SUP | X | ? | ? | ? | ? | ? | Undefined | |
Service business | X | X | X | SUP | P | P | X | SUP | SUP | SUP | P | ||
Self-storage | X | X | X | X | SUP | SUP | ? | ? | ? | ? | ? | Undefined | |
Theater | X | X | X | SUP | P | P | X | X | X | X | ? SUP | ||
Warehouse | X | X | X | X | X | P | X | X | X | SUP | P | ||
NEW (July 2010) DRAFT ZONING | EXISTING ZONING | ||||||||||||
USES | RR | RA | CV | H | CC | LIO | R-B | R-B-1 | R-C | R-D | M-A | Note on Old | |
RESIDENTIAL GROUP | |||||||||||||
Bed-and-Breakfast home | SUP | SUP | SUP | SUP | SUP | X | X | X | SUP | SUP | ? | "Tourist Homes?" | |
Congregate Care Facility | X | X | X | SUP | SUP | X | ? | ? | ? | ? | ? | Undefined | |
Day care homes, Family | P | P | P | P | P | X | ? | ? | ? | ? | ? | Undefined | |
Day care, Family Group | P | P | P | P | P | X | ? | ? | ? | ? | ? | Undefined | |
Dwelling, accessory unit (see §1311) | P | P | P | P | P | X | ? | ? | ? | ? | ? | Undefined | |
Dwelling, multi-family | X | X | X | SUP | SUP | X | X | X | P | P | X | ||
Dwelling, single-family | P | P | P | P | P | X | P | P | P | P | X | ||
Dwelling, two-family | P | P | P | P | P | X | P | P | P | P | X | ||
Dwelling, upper-floor apartments | X | X | X | SUP | SUP | X | ? | ? | ? | ? | X | Undefined | |
Home Occupation: Level 1 | P | P | P | P | P | X | P | SUP | P | P | X? | Definition varies | |
Home Occupation: Level 2 | P on state/county roads, SUP on Town | P - State & County Roads | X | X | SUP | P | P | X | Two employee limit. (New zoning is 3.) | ||||
Manufactured Home | X | P | P | SUP | P | X | X | P | P | P | X | ||
Manufactured Home Park (see Town Manufactured Home Park ordinance) | SUP | SUP | X | SUP | SUP | X | X | X | SUP | SUP | X | water/sewer required | |
Senior Housing | SUP | SUP | X | SUP | SUP | X | ? | ? | ? | ? | ? | Undefined | |
Workshop/Garage - Non-Commercial | X | P | P | P | P | P | P | P | P | P | P | ||
NEW (July 2010) DRAFT ZONING | EXISTING ZONING | ||||||||||||
USES | RR | RA | CV | H | CC | LIO | R-B | R-B-1 | R-C | R-D | M-A | Note on Old | |
COMMUNITY GROUP - All are subject to Site Plan Review | |||||||||||||
Cemetery | P | P | P | P | P | P | X | X | P | P | ? SUP | ||
Educational use | SUP | SUP | SUP | SUP | SUP | X | P | P | P | P | ? SUP | ||
Library | X | X | X | SUP | SUP | X | P | P | P | P | P | 'Community building'? | |
Lodge or club | X | SUP | SUP | SUP | P | X | X | P | P | P | ? SUP | ||
Municipal use | P | P | P | P | P | P | X | X | P | P | ? SUP | ||
Public Safety | SUP | SUP | SUP | SUP | SUP | SUP | ? | ? | ? | ? | ? | Undefined | |
Public Utility | SUP | SUP | SUP | SUP | SUP | SUP | SUP | SUP | SUP | SUP | P | Substations | |
Religious institution | SUP | SUP | SUP | SUP | SUP | SUP | P | P | P | P | ? | ||
NEW (July 2010) DRAFT ZONING | EXISTING ZONING | ||||||||||||
USES | RR | RA | CV | H | CC | LIO | R-B | R-B-1 | R-C | R-D | M-A | Note on Old | |
RECREATIONAL GROUP | |||||||||||||
Active Recreation | SUP | SUP | SUP | SUP | SUP | SUP | X | P | P | P | ? SUP | ||
Passive Recreation | P | P | P | P | P | P | P | P | P | P | ? SUP | Unclear definition | |
Recreation Facility, Amusement | X | X | X | X | SUP | SUP | X | P | P | P | ? SUP | Unclear definition | |
Recreational Facility, Athletic | X | SUP | SUP | SUP | SUP | SUP | X | P | P | P | ? SUP | Using golf course example | |
Recreational Facility, Motorized | X | SUP | SUP | X | X | X | ? | ? | ? | ? | ? SUP | Undefined |
Please let me know if you see anything interesting or wrong.
Posted by simon at July 26, 2010 8:54 AM in planning and zoning
Good job, Simon. Thank you! No wonder the zoning proposal didn't help with your insomnia.
Simon,
Thank you for summing this up. I've been trying to explain this to people for some time.
In many ways, the use table is much more permissive. It does match current policy. Unfortunately current policy is often scribbled in the margins of Henry's paper copy, kind of hard to deal with. I made the decision a while ago that I, and the Planning Board, will have to work with people on a parcel by parcel basis, which actually has a lot of side benefits. A nice and informative conversation in the office with a landowner has been much more beneficial than torturing myself creating some complicated table (as you now know) that won't really tell the whole story anyway.
But now you've done it for me!
One of the things I don't think people understand is that vagueness is built into the law on purpose. This is why a Zoning Board of Appeals exists, and why it is relatively easy to make incremental changes to a law. One of the things that has not happened over the years is a systematic tracking of complaints, variances, issues in subdivision review etc. that could be used to regularly update the law. I wish I had those numbers, because just in the time I've been in the office that type of exposure is massively informative. But, through that process of tracking, things that seemed important may not anymore. Also, as the law becomes more specific, it can be administered more directly without board review. We certainly aren't there yet, and I could elaborate.
As for the other areas you haven't gotten to yet, the big change is that all subdivisions (not lot line adjustments) must go to the Planning Board from the first lot created, however they can authorize the CEO to administratively approve future lots as long as they follow the plan the PB approved. Parking was left pretty much the same, although I wanted to do more, and we put some flexibility provisions that allowed people to reduce the parking requirement during review. Another thing you'll notice is that the pre-PB process will change. The PB nor TB are supposed to design projects, they are supposed to approve or disapprove them. This is a little trick developers sometimes try to play. My goal is to have much better sketch plans come to them, so that they can focus on the things that they actually want to, and be more comfortable approving projects. And also to think a little bigger instead of being bogged down in little things.
Elder Cottage language is weird. I can only assume that was the suggested language when the program started and I don't think anything changed.
Signage, only a couple of tweaks. One was a amendment that I didn't know existed, another was based upon a recent ZBA decision regarding LED signs, as well as a problem with the table that was unclear. This could use more work, but serves its purpose for now, well except that it isn't enforced.
Thanks for your efforts! I'll look into the MA zone comment as well.
I'm going to put a link to this on the zoning Facebook page.
Yes, the ZBA exists, but when does it EVER turn anyone down? Laws are just one piece of the puzzle; enforcement is the other. If enforcement doesn't exist, why bother with the laws?