© 2007. Barry D. Yatt. All rights reserved. 1 Takoma Park Dog Lounge Location Assessment: Use by Zoning Ordinances.

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Presentation transcript:

© Barry D. Yatt. All rights reserved. 1 Takoma Park Dog Lounge Location Assessment: Use by Zoning Ordinances

© Barry D. Yatt. All rights reserved. 2 Zoning Ordinances limit the amount of building that can be put on a site. That way they can control (population) density. Most developers want a design that gets as close to that limit as possible to get maximum benefits from economies of scale. So Ill start by reading the zoning ordinance.

© Barry D. Yatt. All rights reserved. 3 The first step is to find out what zoning district the projects property is in. Ill do that by consulting a zoning map.

© Barry D. Yatt. All rights reserved. 4 The existing and proposed zoning maps included in the Comprehensive Plan for Takoma Park seem to agree on the zoning district of the clients site: C-1

© Barry D. Yatt. All rights reserved. 5 So Ill get the Montgomery County Zoning Code (from the library or government website) and look up the laws pertaining to C-1 Districts. A quick search on Google found this: It looks like Montgomery County has subcontracted its publishing to American Legal. Thats OK with me, since it doesnt affect my work. Ill click on the menus on the left side and see if it will take me to the rules for C-1 districts. Article 59-C looks promising.

© Barry D. Yatt. All rights reserved. 6 Success! Look whats thereit looks like Article 59-C-4.34 has what I need: (Yes, like much of computer use, its important to read the menus that are shown on the screenthe answers to how to use the website are usually there, or in help files)

© Barry D. Yatt. All rights reserved. 7 Montgomery County Zoning Code Division 59-C-4. Commercial Zones Sec. 59-C-4.1. Zones established The following are the commercial zones and their identifying symbols and the location of development standards for each (land uses are listed in section 59-C-4.2): C-T zone-Commercial, transitional C-4.30 O-M zone-Office building, moderate intensity C-4.31 C-O zone-Commercial, office building C-4.32 C-P zone-Commercial, office park C-4.33 C-1 zone-Convenience commercial C-4.34 C-2 zone-General commercial C-4.35 C-3 zone-Highway commercial C-4.36 C-4 zone-Limited commercial C-4.37 C-5 zone-Low-density, office commercial C-4.40 C-6 zone-Low-density regional commercial (Euclidean) C-4.41 H-M zone-Hotel-motel C-4.38 Country inn zone C-4.39 Time to dive in. Ill start at the beginning of C-1 rules, with § (Section) 59-C-4.1:

© Barry D. Yatt. All rights reserved. 8 Sec. 59-C-4.2. Land Uses No use is allowed except as indicated in the following table: -Permitted Uses. Uses designated by the letter "P" are permitted on any lot in the zones indicated, subject to all applicable regulations. -Special Exception Uses. Uses designated by the letters "SE" may be authorized as special exceptions under article 59-G. The first stop is §59-C-4.2 dealing with permitted use. Id better read this! What are the little numbers?

© Barry D. Yatt. All rights reserved. 9 They refer to notes. None apply to my project, but lets take a peek. For example, note 21 applies to animal boarding places in a C-3 district.

© Barry D. Yatt. All rights reserved. 10 I havent yet found out whether: Food service (the coffee shop part of the program) would be permitted A dog grooming facility would be considered a barber or beauty shop or something else Retail sales (pet food, books, etc.) would be permitted So I look them up elsewhere on the same table, Table 59-C-4.2 (which is three pages long).Table 59-C-4.2 I find the additional uses listed: Bookstores (P) Eating and Drinking Establishments (P 17: No entertainment, except music may be offered; however, patron dancing is permitted if the area designated for dancing purposes does not occupy more than 10 percent of the total gross floor area of the restaurant, not to exceed 200 square feet. ) Food and Beverage Store (P 19: Provided that any goods prepared on the premises shall be offered for sale only on the premises and at retail. ) Pet Shop (SE) Perhaps this doesnt explicitly answer my questions, but its enough to justify calling the code officials for clarification.

© Barry D. Yatt. All rights reserved. 11 Sec. 59-C C-1 Zone--Purpose and development standards 59-C Purpose. It is the purpose of the C-1 zone to provide locations for convenience shopping facilities in which are found retail commercial uses which have a neighborhood orientation and which supply necessities usually requiring frequent purchasing with a minimum of consumer travel. Such facilities should be located so that their frequency and distributional pattern reflect their neighborhood orientation. In addition, such facilities should not be so large or so broad in scope of services as to attract substantial amounts of trade from outside the neighborhood. It is further the intent of this zone that, in order to restrict the size of such facilities, the convenience commercial zone should not be located in close proximity to other commercial areas; and it shall not be applied to land which is located within a central business district as defined in section 59-A C Area requirements Land classified in the C-1 zone shall not exceed 15 acres at one location, including land which is zoned for, or developed with, commercial uses and which is adjacent and contiguous or separated only by a street or other right-of-way; except where, by reason of exceptional topographic conditions, exceptional narrowness, shallowness, shape or juxtaposition of specific parcels, the failure to so classify would result in unusable, abandoned or unproductive land or properties; and any such exception shall be limited to the extent necessary to avoid such result. So Ill continue, with rules specifically for C-1 Districts. So far, no conflicts. The property in question is certainly less than 15 acres, and the program fulfills local programmatic needs.

© Barry D. Yatt. All rights reserved. 12 Im done with §59-C So I can move on to §59-C-4.342, but as that addresses fit (how much building I can put on the property), Ill do that later.