Supporting Small Businesses through Zoning Fueled, New York, - - PowerPoint PPT Presentation

Supporting Small Businesses through Zoning

APA’s 2017 National Planning Conference Monday, May 8, 2017 | 10:30 a.m. - 11:45 a.m. (#9108138)

Fueled, New York, Informationstartupuk, Wikimedia (CC BY-SA 4.0)

planning.org

Supporting Small Businesses through Zoning

Session Overview

• The Relationship Between Zoning and

Small Business Development

• Zoning Techniques to Support Small

Businesses

• Zoning Reform in Providence, RI

planning.org

Supporting Small Businesses through Zoning

Presenters

• David Morley, AICP, Senior Research Associate, APA
• Arista Strungys, AICP, Principal, Camiros, Ltd.
• Robert Azar, AICP, Deputy Director of Planning and

Development, City of Providence, RI

planning.org

Supporting Small Businesses through Zoning

• There are three distinct stages of small business development.
• Businesses at different stages have different space needs.
• Zoning affects each business stage differently.

The Relationship Between Zoning and Small Business Development

planning.org

The Relationship Between Zoning and Small Business Development

• Stage 0: Sole Proprietorship
• Stage 1: Between 2 and 9 Employees
• Stage 2: Between 10 and 99 Employees

Stages of Small Business Development

Stage 0 personal or professional services, artisanal manufacturing or production,

• nline retail

Stage 1 personal or professional services, artisanal manufacturing or production, online / mobile / brick-and-mortar retail and restaurants Stage 2 personal or professional services, traditional manufacturing or production, online / brick- and-mortar retail and restaurants

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The Relationship Between Zoning and Small Business Development

Stage 0 Business Spaces

My home office, Paladin27, Flickr (CC BY-NC 2.0) Eric Archer making a MeeBlip, Create Digital Media, Wikimedia (CC BY-SA 2.0) Honeycomb Hair Salon, Bob Mical, Flickr (CC BY-NC 2.0)

planning.org

The Relationship Between Zoning and Small Business Development

Stage 1 Business Spaces

U.S. Air Force Gallery at Madison Square NeueHouse, Senseitells, Wikimedia (CC BY 3.0) Milwaukee Makerspace Shop, Pete Prodoehl, Flickr (CC BY-NC-SA 2.0)

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The Relationship Between Zoning and Small Business Development

Stage 2 Business Spaces

Beats_03, K2 Space, Flickr (CC BY 2.0) Tsugami Multifunction Turn Mill Machine, Whoisjohngalt, Wikimedia (CC BY-SA 3.0) Ruby's Diner, David Shankbone, Wikimedia (CC BY-SA 3.0)

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The Relationship Between Zoning and Small Business Development

• Zoning is a foreign language.
• Zoning controls what type of

business they can operate from a home.

For Stage 0 Businesses

Building Permits - Planning and Zoning, teofilo, Flickr (CC BY 2.0)

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The Relationship Between Zoning and Small Business Development

• Zoning use permissions may not

acknowledge them.

• “Context-neutral” zoning standards

may make operating out of existing buildings cost prohibitive.

For Stage 1 Businesses

Midland Street Commercial District, Andrew Jameson, Wikimedia(CC BY-SA 3.0)

planning.org

The Relationship Between Zoning and Small Business Development

• Zoning use permissions may not

acknowledge them.

• “Context-neutral” zoning standards

may make operating out of existing buildings cost prohibitive.

• Zoning may not permit the types of

spaces they want to lease in the places they want to lease them.

For Stage 2 Businesses

GC GC GC GC GI GI

David Morley, AICP dmorley@planning.org

camiros.com

Supporting Small Businesses through Zoning

• Commercial Zoning
• Use Permissions
• Use-Specific Standards
• Development Standards
• Adaptive Reuse
• Residential-Commercial Districts
• Zoning Opportunities & Limitations

Zoning Techniques to Support Small Businesses

camiros.com

Commercial Districts are not a singular land use category  Need to address difference in scale and intensity  Could create barrier to small businesses Benefits to small and local businesses  Genuine community character  Niche as economic boom  Encourage adaptive reuse Relation to zoning 1. Use permissions 2. Development standards Zoning Techniques to Support Small Businesses Commercial Zoning

camiros.com

Beware the out of date use structure 1. Specific use approach 2. Cumulative or pyramid approach Consequences  Complicated interpretations  Text amendments required  Special approvals – lengthy, costly  Confusing & contradictory use structure  Discourage new business

Zoning Techniques to Support Small Businesses Use Permissions

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Group specific uses into larger use category  Eliminates need for pages and pages and pages and pages and pages and pages of uses  Use permissions, especially in matrix

• rganization, become easier to

understand  More flexibility automatically built in

Zoning Techniques to Support Small Businesses

Generic Uses

camiros.com

Zoning Techniques to Support Small Businesses

Generic Uses

camiros.com

Eliminate Cumulative Structure  Relies on less intense districts to establish base uses  Amendment to less intense district impacts subsequent ones  No tailoring – just “piling on”  Confuses allowances: permitted vs. special/conditional  Unintentional duplication of uses

Zoning Techniques to Support Small Businesses

Uses Tailored to Districts

C1 + C2 Uses + these other ones, with some that have been marked special in C1 but should be permitted + the kitchen sink

camiros.com

Zoning Techniques to Support Small Businesses Uses Matrix

camiros.com

Monitor new uses  May only be coming to understand impacts  Conditions may be needed to mitigate impacts  Called out to “highlight” their permission Examples of recent new uses  Specialty food production  Industrial design  Artisan (craft) industrial  Local alcohol production  Food truck parks

Zoning Techniques to Support Small Businesses New Types of Uses

camiros.com

New regulations for the old corner store  Common in older cities, original mixed-use  Integrated into neighborhoods  Often nonconforming use and structure  Rezoning to commercial too broad Issues to consider allowing them again  What are the neighbors concerns?  Only allow in existing structures?  Do you allow a re-conversion if switched to residential?  Do you want to allow new ones?  Which uses do you allow?  Are there parking issues?

Zoning Techniques to Support Small Businesses The “Corner Store”

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Neighborhood Commercial Establishment Use  Special use in residential districts  Definition: Commercial use established within a predominantly residential area in a structure that is non-residential in its construction or original use  A “basket” that holds a select number of uses compatible with the neighborhood

Zoning Techniques to Support Small Businesses The “Corner Store”

STANDARDS

• District standards apply
• Storefront design

standards

• No additional parking

required

• No drive-through
• No outdoor

storage/activity

• Upper floors residential or
• ffice (not open to public)
• Sign permissions

USES

• Art gallery
• Arts studio
• Day care center
• Office
• Personal service
• Retail *
• Specialty food
• Restaurant *

* How to handle alcohol?

camiros.com

Temporary uses as permanent investments  Way for new business to start with minimal capital  Encourage entrepreneurship  Codes need to address each  Address permitted districts & locations, timeframes, management plans, siting, signs, heath dept. &

• utside code linkages

 Zoning controls on private property

Zoning Techniques to Support Small Businesses Temporary Uses

• Farmers markets
• Mobile food sales
• Temporary retail sales
• Temporary entertainment
• Seasonal events

camiros.com

Evolving area of regulation  Outdated provisions may prohibit common uses 3-D printing for prototype creation –violate “manufacturing” prohibition Specialty food production  Allowances for client visits for office & teaching uses  Number of employees  Allow visits by appointment for viewings, sales Can impact new craft-type businesses

Zoning Techniques to Support Small Businesses Home Occupations

camiros.com

Small business implies smaller structure  Need a district that is a “home” for them  Small clusters, original commercial corridors (Main Streets)  A welcoming pedestrian environment  Build-to lines/zones close to street  Shopfront building design (transparency, public entrance articulation)  Buffers against adjacent residential  Shallow lot siting concerns  Parking exemptions  Proportional sign controls Zoning Techniques to Support Small Businesses Development Standards

camiros.com

Adaptive reuse provisions  Creates space for small business  Old industrial buildings – single use or splits  Closed institutional – ex: schools  Permissions for reuse in districts  Parking flexibilities  Specific design standards

Zoning Techniques to Support Small Businesses

Adaptive Reuse

camiros.com

Residential & commercial district  Base or overlay district  What types of commercial:  Office only  Limited retail  Arts studios/lessons  Design standards maintain general residential character but allow commercial modifications  Parking  Signs (distinct from home occupation)  Preserves older larger homes Zoning Techniques to Support Small Businesses Residential-Commercial Districts

camiros.com

Zoning Techniques to Support Small Businesses

Zoning Opportunities & Limitations

Zoning Opportunities & Limitations

CAN DO CAN’T DO Flexible use structure Does not regulate quality of use Controls on off-site impacts (conditions, special use) Does not regulate operator Districts tailored to small business Does not control the market Flexible development & design standards Cannot override regulations from other depts. & authorities

Arista Strungys, AICP astrungy@camiros.com

camiros.com

providenceri.com

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Supporting Small Businesses through Zoning

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Principles:

• Flexibility on Uses
• Legalize the Good Things
• Focus on Design and Form
• Don’t Let Parking Stand in the Way

Rezoning Providence 2014

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Rezoning Providence 2014

Neighborhood Commercial Establishment

Flexibility on Uses

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Rezoning Providence 2014

Home Occupation

Flexibility on Uses

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Rezoning Providence 2014

Home Occupation

Flexibility on Uses

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Rezoning Providence 2014

Change of Use

Flexibility on Uses

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Rezoning Providence 2014

Adaptive Reuse

Flexibility on Uses

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Rezoning Providence 2014

Adaptive Reuse

Flexibility on Uses

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Rezoning Providence 2014

Adaptive Reuse

Flexibility on Uses

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Rezoning Providence 2014

Live-work

Flexibility on Uses

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Rezoning Providence 2014

Mixed Use, Generic Uses

Flexibility on Uses

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Rezoning Providence 2014

Outdoor Use of Right of Way

Flexibility on Uses

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Rezoning Providence 2014

Temporary Uses

Flexibility on Uses

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Rezoning Providence 2014

Nightclubs/Entertainment

Specific Use Regulations

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Rezoning Providence 2014

Air bnb

Specific Use Regulations

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Rezoning Providence 2014

Marijuana Cultivation/Sales

Specific Use Regulations

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Rezoning Providence 2014

Pedestrian Orientation

Design Standards

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Rezoning Providence 2014

Signage

Design Standards

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Rezoning Providence 2014

Parking Requirements

• Grandfathered shortfall
• Reduced parking requirements
• Increase in intensity: no new parking

required if <10% increase

• Change in use: no new parking

required if <10% more required

• Shared parking
• Parking Exemptions

– Downtown – <10k sf lot C zones – 2,500 sf non-res. use

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Robert Azar, AICP razar@providenceri.gov