dca’s model code and starter code: regulatory tools for georgia’s communities dca’s model code...
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DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
DCA’s Model Code and the “Starter
Code”
Regulatory Tools for Georgia’s Communities
Jon A. West
GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
Office of Planning & Quality Growth
“The trouble with land is that they’re not making it anymore.”Will Rogers
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
History
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
What does it do?
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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?
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
Extensive Legal Review
All that . . . and a bag of chips.
Commentary Provided
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A Few Things to Remember . . .
The entire code cannot be adopted in its current
form.
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A Few Things to Remember . . .
Most of the modules fit together as a coherent and consistent whole; but . . .
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A Few Things to Remember . . .
. . . there is duplication . . .
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A Few Things to Remember . . .
. . . overlap . . .
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A Few Things to Remember . . .
. . . and some conflict;
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A Few Things to Remember . . .
. . . because it presents multiple alternatives.
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A Few Things to Remember . . .
Models are just that—MODELS. They must be
reworked to fit local needs.
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
The “Starter” Code: A Very Basic Regulatory
Framework
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
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
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• Preamble• Land Use Permit• Administration• Legal Status Provisions• Board of Appeals• Enforcement• Adoption
Key Components of Article 1: General Provisions
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Key Components of Article 3:Environmental Protection
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• Preliminary plats• Final plats• Development plans• Exemptions• Modifications• Improvement
specifications• Administration
Key Articles of Article 4:Subdivision and Land Development
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Key Components of Article 5: Nuisances
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Key Components of Article 6: Use-based Restrictions (no map)
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
Manufactured Home Compatability Standards
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
Manufactured Home Park Standards
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• Designation of Agricultural Lands
• Agriculture Use Waiver
Key Components of Article 7: Mapped Approaches
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Key Components of Article 10: Procedures & Commission
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
The Model Code: A Full Spectrum of Regulatory
Tools
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
1. Standard Template for All Ordinances2. Environmental Planning Criteria3. Environmental Protection4. Subdivisions and Land Development5. Performance Approaches (No Map)6. Use-based Regulations (No Map)7. Mapped Approaches8. Special Growth Management Techniques9. Regulations to Implement Character
Areas10. Procedures, Boards, and Commissions
Articles of the Model Code
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Additional Components of Articles 2 & 3: Environmental Protection
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Additional Components of Article 3: Environmental Impact Review (§ 3-5)
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• §4-2 Alternative Street and Pedestrian System Standards
• §4-3 Bicycle Facility Specifications
• §4-4 Tree Protection
• §4-5 Landscaping and Buffers
Additional Components of Article 4: Land-Development
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• §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
Additional Components of Article : Performance Related Regs
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Key Provisions of § 5-1 : Performance Standards for Off-Site Impact
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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)
Key Provisions of § 5-2 : Development Performance Standards
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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)
Key Provisions of § 5-4 : Major Permit Requirement
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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.)
Key Provisions of § 5-5 : Land-Use Guidance (Point) System
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• §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
Additional Components of Article 7 : Mapped Approaches to Regulation
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• Interchange may be only area with growth pressure
• Requires site plan approval but no use limitations
• Setbacks, buffers, sign controls, landscaping requirements, etc.
Key Provisions of § 7-5 : Interchange Area Development
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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%)
Key Provisions of § 7-7 : Scenic Corridor Overlay District
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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
Key Provisions of § 7-8 : Arterial Corridor Overlay
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• §8-1 Rural Clustering
• §8-2 Corridor Map
• §8-3 Development Agreement
• §8-4 Interim Development Regulations
• §8-5 Affordable Housing
Components of Article 8: Special Growth Management Techniques
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• §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
Components of Article 9 : Regulations to Implement Character Areas
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
Procedures 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
Components of Article 10 : Procedures, Boards, and Commissions
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
Considerations, Obstacles and Questions About Adoption,
Administration and Enforcement. . .
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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?
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
What about politics?• Election cycles• Campaign promises• Political “culture”• Misinformation
campaigns• Respect for
property rights• Reaction to the “Z”
word (zoning)
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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?
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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?
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
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)
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
• 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?
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
A regulation can only be effective if it’s properly
enforced and administered.
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
The Model Code On the Web!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
DCA’s Model Code and Starter Code:Regulatory Tools for Georgia’s Communities
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