The city is developing the first new zoning ordinance since the 1960’s to provide the legislative framework to work toward Map for Mobile goals and recommendations.
The Build Mobile division, under Ms Shayla Beaco, is charged with implementing the revision process, working with consultant Mark White, an experienced zoning expert. The Build Mobile and Planning team have provided a transparent process to the public during the development of the first version of the ordinance (in 2018), and on January 22, 2019, released version 2 of the Unified Development Code or UDC for zoning. A 45-day period for accepting public input began on the January 22nd release day and input will be accepted through early March.
Several public meetings were held on January 22-23 and others will be announced in the coming days. Neighborhood groups wishing to invite Build Mobile staff to meet should contact Ms Beaco’s office to make arrangements. Individual citizens can access the full text of the new ordinance online at the mapformobile.org portal, where written comments can also be submitted. Individual members of the Collaborative have observed the following general points, which are a citizen’s interpretation and not presented as a “legal” or “expert” interpretation:
*The UDC does not alter the current Mobile Historic Development Commission authority or the Architectural Review Board review process for historic properties (This was asked and confirmed at a January 23 meeting with Build Mobile, which was requested by the Government Street Collaborative member historic districts.) In addition, the DDD for downtown remains intact.
*The UDC offers strengthened design and site plan standards
*The UDC does not alter the current city code dealing with Signage or Heritage Trees.
*Existing developments, both commercial and residential, are “grandfathered” as a “legal nonconformity” to continue as existing.
*The GSC asked at the meeting whether existing nonconformity zoning would include any existing restriction, whether voluntary or imposed, as documented in the Planning record, on the date the ordinance is adopted. Consultant White stated it does include existing restrictions and that such language could be added to the Code. IT IS IMPORTANT THAT ALL OF US REQUEST THIS LANGUAGE AND FOLLOW TO BE SURE IT IS IN THE ADOPTED CODE. For example, the Shoppes of Midtown parcel currently exists as a Limited B2 development which excludes the most egregious business uses (pay day loads, pool halls, etc) but the new Zone is NCT or Traditional Neighborhood Center which would allow many of those. The limited B2 zoning was a compromise made with neighbors who opposed the development and we must insist that such restrictions carry forward into the new zoning and that the code contain clear language to insure that.
*The ordinance provides for increased “civic spaces” in commercial developments that are over 1 acre in size (open space, park like space, green space, etc.). The GSC asked who is responsible for maintaining that civic space property and was told the owner is responsible under current city code such as nuisance code, etc.
*The percentage of required landscaping and parking space is reduced. There may be a concern with the reduced landscaping in midtown/downtown and we need to dig into that and take a position. The goal is to conserve development space, which we support, but not at the sacrifice of a liveable, attractive streetscape.
*Important to historic districts is that developers of some projects (example: requiring rezoning or variances) are required to document they have held a neighborhood meeting and must submit to Build Mobile, before moving forward in the process, the notes and attendance of that meeting. The specific situations requiring a meeting is not yet memorialized in code language and residents need to follow that and insist is be included.
*The most likely area of interest or concern for residents in midtown and downtown will be how the ordinance handles “uses.” A “use” means what type of business will operate on a property. This is a significant change from the existing ordinance.
In lay terms, the new UDC will approach permitted business uses this way:
*First, operational uses are broadly categorized (Residential, Retail, Light Manufacturing, Office, Personal Services, Food Service, etc.)
*Then, parcels are assessed by their location—which is guided in a general way by the Map for Mobile goals and Future Land Use Map or FLUM (Note the FLUM is not required to be applied in every case but serves as a decision-making guide). The zoning district map, on the other hand, it applicable under the code.
*A location or parcel is found to be appropriate and meet criteria for (supported on the FLUM) certain types of development, such as a “Traditional Neighborhood Center” for commerce or business — and so is designated an NCT zone/district. It should be noted that efforts have been made for the new “zones/districts” to reflect uses that are currently in effect but that may not always be the case in every instance. The GSC will work to identify possible discrepancies in this translation from the old to the new code, but our historic district leaders are encouraged to track specific parcels in thier areas under the old map and the new map to identify potential concerns to address.
*All Categories gauged appropriate by Build Mobile in that zone/district are designated on the Use Table and each category is treated in one of three ways: 1. All businesses in this category are Permitted by Right (“P” designation—no approval needs to be applied for, no process through the Planning Commission is needed, no public input, etc.) 2. All business in this category are Permitted with Conditions (“C” designation—must go through an approval process in which those conditions are identified and become a documented part of the approval) 3. No businesses in this category are permitted—Not permitted at all in this NCT zone/district (both variances and appeals are possible.)
*The individual business uses that are shown on the Use Table are examples, to clarify where questions are anticipated, or to specify unique situations, but the goal is to avoid an exhaustive listing of individual types of businesses.
The consultant, Mr. Mark White, explains that the new Ordinance is designed to meet the Quality of Life goals of Map for Mobile, be more flexible, and encourage more efficient use of existing space, such that more development can occur when undeveloped property is limited, or existing undeveloped property is better conserved and used. This encourages, for example, using multi-level structures with mixed uses in midtown and downtown instead of expanding commercial footprints. To address the proliferation of surface parking in the urban areas, the Code reduces the parking ratio rather than requiring the more expensive option of multi-level parking.