Title 10

The purpose of the Zoning Code rewrite was to incorporate the Comprehensive Plan into the Code, reduce the number of legal non-conforming properties, and make Title 10 easier to read.
The Zoning Code is written regulations and laws that define how property in specific geographic zones can be used. The Code specifies whether zones can be used for residential or commercial purposes, and also regulates lot size, placement, bulk (or density) and the height of structures. Like most zoning ordinances, it is lengthy and describes not only the acceptable use for specified areas of land, but also the procedures for handling infractions (including any penalties), granting variances and hearing appeals.
The Draft Zoning Code has been recommended to the Council by the Plan Commission based on a detailed review the draft document as well as a compilation of informal suggestions, questions, and comments by members of the Plan Commission and members of the public throughout almost two years of working sessions.
The draft uses blue to designate the existing code and black for changed code. The changed code means that the wording has changed, not necessarily the zoning practice. Many of the items in the current code were vague or lacked the detail need for administrative enforcement. The staff often had to meet and determine the practical means for enforcing the code. The administrative, legal and past practices are often the reason for the change (black) in the code. The actual practices are being documented for public and staff clarity.
Several concepts found in the Intent and Purpose section of the existing code have been omitted from the new code, and several concepts have been introduced in the new code that are not found in the existing code. Both the existing and new Intent and Purpose sections are available, but the concepts which are found in the existing code and carried into the new code are blue and things found in the new code but not the existing code are black. This method is continued through the entire document.
The new Code has addressed all the concepts stressed in the Comprehensive Plan. It has substantially reduced the number of legal non-conforming properties in the City. The Code also reads much easier than the previous document; has better structure; provides quality charts to convey large amounts of information quickly; and diagrams to demonstrate concepts.
Many of the existing definitions have been renamed, modified, or merged into new definitions. There are also several definitions found in the existing code that are omitted from the new code and several definitions introduced in the new code that are not found in the existing code. Definitions help staff, elected officials and applicants understand the key elements of the code. The definitions added significantly to the amount of new changes to the code.
A typical administrative change that produces little actual application change is the Overlay Districts. All properties in a zoning district do not need information on floodplains, lake front regulations, shoreland/wetland regulations or public institution regulation. The new code only has the properties in any district where the issue applies placed in an overlay district. Everyone will know based on the map whether the special regulations apply to their property.
Several changes included reduced green space requirements in commercial zones, less tree and shrub requirements for commercial and industrial uses and less parking requirements for all uses. The code also allows many items to go to conditional use permits if the applicant feels that there are special conditions related to their operations that justify modifying the code on their property.
An addition to the code is that a change in the use of a building or property requires that the applicant obtain a Change of Use Inspection from the Zoning Administrator. This is designed to eliminate uses moving into a structure or property that is either improperly zoned or constructed for the proposed use.
While the new Code will not be perfect and I’m sure that the Council will amend the document from time to time, the document is a huge improvement over the existing one.