July 26, 2010

Comparing Existing Zoning to Proposed - Allowed Uses

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:

RR
Rural Residential
RA
Rural Agricultural
CV
Conservation
H
Hamlet
CC
Commercial
LIO
Light Industrial/Office (LIO-A adds Adult)
RB, R-B-1, R-C, R-D
Older zoning codes with residential base
M-A
Manufacturing zone (M-AA adds Adult)
X
Prohibited
SUP
Special Use Permit required
P
Permitted/Allowed
?
Unknown
? SUP
Unknown, but allowed by Special Use Permit
NEW (July 2010) DRAFT ZONINGEXISTING ZONING
USES RR RA CVH CC LIO R-BR-B-1R-CR-DM-ANote on Old
AGRICULTURAL GROUP
Agricultural Use P P P P P P PPPPP
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 XXXXSUP - Only in M-AA
Agriculture-Related Enterprise X SUP SUP SUP P SUP Farm stands 50' from road centerP
Artist Studio/ Craft Workshop SUP SUP SUP SUP P P XXPP? SUP'Studio'
Automotive Repair Garage (see §1310) X SUP X SUP SUP SUP XXSUPSUPP
Automotive Sales X X X X SUP SUP XXXXP
Automotive Salvage X SUP SUP X SUP SUP XXSUPXX
Automotive Towing Service (see §1306) X SUP X SUP SUP SUP X???? SUPUndefined
Bed-and Breakfast establishment SUP SUP SUP SUP SUP X XXSUP SUP ? SUPTourist Homes, Hotel/Motel
Boarding House X SUP X SUP X X XXSUPSUP? SUP
Campground SUP SUP SUP X X X ????? SUPMentioned in sign ordinance
Car Wash X X X SUP SUP P XXXXP
Commercial Riding Facility (see §1307) X SUP SUP X SUP X ????? SUPUndefined
Contractor's yard X SUP X X SUP SUP XXSUP SUP PSort of like lumber/coal
Day care center SUP SUP X SUP SUP P ????? SUPUndefined
Drive-through facility (see §1309) X X X X SUP SUP ????? SUPUndefined
Gasoline station X X X SUP SUP SUP XSUPSUPSUPP
General Office Building X X X SUP P P XXPPP
Hotel / Motel X X X SUP P SUP XXSUPSUPP
Industry, Light X X X SUP P P XXXSUPP
Industry/Manufacturing (see §1303) X X X X X SUP XXXXP/SUPDefinitions tricky
Inn SUP SUP SUP SUP P X XXSUPSUPPAs motel?
Kennel (see §1308) X SUP SUP X SUP X ?????Undefined
Mining (see §1304) X SUP X X X SUP XXSUPSUP? SUP
Nursery/Greenhouse SUP SUP SUP SUP P X PPPPP
Professional office X X X SUP P P XXPPP
Restaurant X X X SUP P SUP XX?SUPSUPP
Retail business X X X SUP P P XSUPSUPSUPP
Retail shopping centers / plazas X X X SUP SUP X XXXSUP? SUP
Retreat or Conference Center X SUP SUP SUP SUP X ?????Undefined
Service business X X X SUP P P XSUPSUPSUPP
Self-storage X X X X SUP SUP ?????Undefined
Theater X X X SUP P P XXXX? SUP
Warehouse X X X X X P XXXSUP P
NEW (July 2010) DRAFT ZONINGEXISTING ZONING
USES RR RA CVH CC LIO R-BR-B-1R-CR-DM-ANote on Old
RESIDENTIAL GROUP
Bed-and-Breakfast home SUP SUP SUP SUP SUP X XXSUPSUP? "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 XXPPX
Dwelling, single-family P P P P P X PPPPX
Dwelling, two-family P P P P P X PPPPX
Dwelling, upper-floor apartments X X X SUP SUP X ????XUndefined
Home Occupation: Level 1 P P P P P X PSUPPPX?Definition varies
Home Occupation: Level 2 P on state/county roads, SUP on TownP - State & County Roads X XSUPPPXTwo employee limit.
(New zoning is 3.)
Manufactured Home X P P SUP P X XPPPX
Manufactured Home Park (see Town Manufactured Home Park ordinance) SUP SUP X SUP SUP X XXSUPSUPXwater/sewer required
Senior Housing SUP SUP X SUP SUP X ?????Undefined
Workshop/Garage - Non-Commercial X P P P P P PPPPP
NEW (July 2010) DRAFT ZONINGEXISTING ZONING
USES RR RA CVH CC LIO R-BR-B-1R-CR-DM-ANote on Old
COMMUNITY GROUP - All are subject to Site Plan Review
Cemetery P P P P P P XXPP? SUP
Educational use SUP SUP SUP SUP SUP X PPPP? SUP
Library X X X SUP SUP X PPPPP'Community building'?
Lodge or club X SUP SUP SUP P X XPPP? SUP
Municipal use P P P P P P XXPP? SUP
Public Safety SUP SUP SUP SUP SUP SUP ?????Undefined
Public Utility SUP SUP SUP SUP SUP SUP SUPSUPSUPSUPPSubstations
Religious institution SUP SUP SUP SUP SUP SUP PPPP?
NEW (July 2010) DRAFT ZONINGEXISTING ZONING
USES RR RA CVH CC LIO R-BR-B-1R-CR-DM-ANote on Old
RECREATIONAL GROUP
Active Recreation SUP SUP SUP SUP SUP SUP XPPP? SUP
Passive Recreation P P P P P P PPPP? SUPUnclear definition
Recreation Facility, Amusement X X X X SUP SUP XPPP? SUPUnclear definition
Recreational Facility, Athletic X SUP SUP SUP SUP SUP XPPP? SUPUsing golf course example
Recreational Facility, Motorized X SUP SUP X X X ????? SUPUndefined

Please let me know if you see anything interesting or wrong.

Posted by simon at July 26, 2010 8:54 AM in
Note on photos

3 Comments

Mary Ann Sumner said:

Good job, Simon. Thank you! No wonder the zoning proposal didn't help with your insomnia.

dan Kwasnowski said:

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.

KAZ said:

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?