DCA’s Model Code and the “Starter Code” Regulatory Tools for Georgia’s Communities

1. DCA’s Model Code and the “Starter Code” Regulatory Tools for Georgia’s Communities “The trouble with land is that they’re not making it anymore.” Will Rogers Jon A. West GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Office of Planning & Quality Growth

2. History

3. What does it do?

4. 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) How does it relate to zoning?

5. Extensive Legal Review All that . . . and a bag of chips. Commentary Provided

6. A Few Things to Remember . . . The entire code cannot be adopted in its current form.

7. A Few Things to Remember . . . Most of the modules fit together as a coherent and consistent whole; but . . .

8. A Few Things to Remember . . . . . . there is duplication . . .

9. A Few Things to Remember . . . . . . overlap . . .

10. A Few Things to Remember . . . . . . and some conflict;

11. A Few Things to Remember . . . . . . because it presents multiple alternatives.

12. A Few Things to Remember . . . Models are just that—MODELS. They must be reworked to fit local needs.

13. The “Starter” Code:A Very Basic Regulatory Framework

14. 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

15. Key Components of Article 1: General Provisions • Preamble • Land Use Permit • Administration • Legal Status Provisions • Board of Appeals • Enforcement • Adoption

16. Key Components of Article 3:Environmental 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

17. Preliminary plats Final plats Development plans Exemptions Modifications Improvement specifications Administration Key Articles of Article 4:Subdivision and Land Development

18. 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

19. Key Components of Article 6:Use-based Restrictions (no map) • Specific use regulations (selected) • Uses don’t 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

20. Manufactured Home Compatability Standards

21. Manufactured Home Park Standards

22. Key Components of Article 7: Mapped Approaches • Designation of Agricultural Lands • Agriculture Use Waiver

23. 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

24. The Model Code:A Full Spectrum of Regulatory Tools

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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)

32. 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)

33. 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.)

34. 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

35. 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.

36. 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%)

37. 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

38. 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

39. 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

40. 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

41. Considerations, Obstacles and Questions About Adoption, Administration and Enforcement. . .

42. 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 What do we want to regulate?

43. What about politics? • Election cycles • Campaign promises • Political “culture” • Misinformation campaigns • Respect for property rights • Reaction to the “Z” word (zoning)

44. 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? How are we going to do it?

45. 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) Who’s going to manage it?

46. 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)

47. 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 … What resources can we devote?

48. A regulation can only be effective if it’s properly enforced and administered.

49. 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 DCA’s website! To access them type this link into your browser window’s address field: http://www.dca.state.ga.us/development/PlanningQualityGrowth/programs/modelcode.asp

50. 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