UDO Zoning Map: Public Hearings Draft

A guide to the proposed changes to the City of Bloomington's Zoning Map.

Introduction

The Planning and Transportation Department is initiating the Public Hearing process of the final step in the update to the Unified Development Ordinance (UDO) and Official Zoning Map. A Public Outreach Draft was released in October 2020, and public comment on that draft has been taken since that time. All documents related to that process can be found  here . Based on the feedback received during that process, the Department has prepared a proposal containing a Public Hearings Draft Zoning Map and Draft Text Amendments for review by the public, Plan Commission, and Common Council. The proposal is intended to further align the Official Zoning Map and the Unified Development Ordinance with the goals of the Comprehensive Plan.

This storymap is intended to serve as a guide and provide information about the proposal during the Public Hearings process. The story map is divided into four sections, the first includes a series of seven petitions which cover general text amendments to the UDO. The second section covers the proposed removal of the RE Zoning District. The third section covers the Duplex, Triplex, and Fourplex amendment. The fourth section discusses the petition to update the Official Zoning Map.


General Text Amendments

The Department is proposing 88 general text amendments to the UDO. These proposed amendments cover a variety of topics throughout the UDO. Most of the proposed amendments are not greatly substantive and focused on corrections, clarifications, and relatively minor changes to the UDO. These proposed text amendments include items such as:

  • Removing Minimum Lot Size Requirement for ADUs
  • Fixing Detached ADU Setbacks
  • Removing ADU Noticing Requirement
  • Clarifying Small Livestock Use
  • Ground Floor Parking Limitations in MS and for RM
  • Reducing By-Right Development Maximums for Student Housing
  • Exempting Accessory Agricultural Structures from Size Limits in R1
  • Adjusting Accessory Structure Size Limits for MFR and Commercial
  • Adjusting Home Occupation Standards
  • Adding Special Event Time Limits
  • Adjusting Parking for Medical Clinics
  • Adding Architectural Standards in MS
  • Adding R4 to R1, R2, R3 Affordability Incentives
  • Modifying Major Site Plan Thresholds
  • Syncing Floodplain With State Regulations

ZO-01-21 | Technical Corrections

This petition contains corrections to errors in the UDO. These errors range from misplaced or missing references to incorrect numbers to terminology correction to missing text. There are 16 amendments identified, some appearing multiple times in the code. These amendments are needed to provide accurate and clear language for use of the code.

ZO-02-21 | Chapter 2: Zoning Districts

Chapter 2 covers the standards for each of the base zoning districts, as well as (PUD) Planned Unit Development districts, and overlay zoning districts. The base zoning districts are divided into Residential Zoning Districts, Mixed-Use Zoning Districts, and Nonresidential Zoning Districts. This chapter declares the purpose of each district and has summaries of district-specific dimensional standards.

This petition clarifies that the step back requirement in the DC, DG, and ST character areas are for the entirety of the building over the respective story limit in each overlay. This is the only amendment in this chapter. This amendment is needed so that it is clear that a partial step back does not meet code.

ZO-03-21 | Chapter 3: Use Regulations

Chapter 3 covers allowed uses, and Use-Specific Standards. In the Allowed Use Table, land uses are classified into general use categories and specific uses. The uses in each district are designated (P) Permitted, (C) Conditional Use, (A) Accessory Use, (T) Temporary Use, or left blank if not allowed. Some uses also contain a (*) when Use-Specific Standards apply. Use-Specific Standards are additional standards regulating use, site and building design, occupancy, and location, among other regulations. Use-Specific Standards apply to uses regardless of whether those uses are shown as Permitted, Conditional, Accessory, or Temporary uses.

This petition deals with the amendment of details related to allowed uses. The amendments run the gamut and will be discussed in additional detail at a later hearing. The amendments from the petition adjust the separation and maximum floor plate requirements for the student housing use; clarify language related to garden fencing, as well as the regulations related to accessory livestock and their structures; clarify standards for uses such as how to count fuel dispenser hoses and how to regulate two-story storage unit buildings; adjust accessory structure maximums for mixed use and multifamily zoning districts, as well as for agricultural buildings in R1; adjust home occupation standards to allow for more area in the home or accessory structure to be used; remove minimum lot size requirements for accessory dwelling units (ADUs), as well as clarifying standards and regulations related to detached ADUs to align with previous code; and clarify time limits for accessory uses such as ‘special event’ or ‘farm produce sales’. There are 28 amendments identified, some with multiple code references. The changes are necessary for various reasons. Some amendments are included because staff has found during the administration of the code that it is needlessly ambiguous or confusing, such as how to count fuel dispensers, the location of garden fencing regulations, or sending Notice to the neighbors of by-right ADUs. Other amendments are included because current code does not seem to serve the use properly, as in the case of the current accessory structure size restrictions related to multifamily developments or agricultural uses. Some amendments are included because administration of the code has shown that the restriction was either unnecessarily restrictive or too lenient, as is the case with home occupation standards or by-right student housing standards and farm produce sales time limits.

ZO-04-21 | Chapter 4: Development Standards & Incentives 

Chapter 4 applies to all new developments within the City. Development standards apply to all developments regardless of use. These Development standards include: dimensional standards, environment, floodplain, access and connectivity, parking and loading, site and building design, landscaping, buffering, fences, outdoor lighting, and signs. The Incentives section offers incentives to encourage affordable housing and sustainable development.

This petition deals with the amendment of details related to design requirements for uses. These amendments also run the gamut and will be discussed in additional detail at a later hearing. The amendments from the petition match wording from the Transportation Plan; clarify on-site parking maximum areas for some multi-family and adds motorcycle parking dimensions; clarify when particular regulations apply to different types or scales of development; explicitly disallows disturbance in a karst conservancy easement (KCE); exempt required pedestrian easements from impervious surface coverage maximum calculations; increase parking space allowance for ‘Medical Clinic’; clarify that crushed stone is allowed in single-family development (matched old UDO regulation); add architectural requirements in the Mixed-Use Student Housing zoning district; clarify architectural and neighborhood transition standards; adjust mulch and shrub allowances and requirements; adjust sign standards for upper story uses and multi-tenant center signs; and add R4 to regulations previously limited to R1-R3. There are 27 amendments identified, some with multiple code references. These changes are important for various reasons. Some amendments reiterate regulations that were transferred from the old UDO in odd ways such as clarifying no disturbance in a KCE, gravel driveways for single-family development, and allowable locations for mulch in landscaping. Other changes fill gaps that have been found in administration of the code, such as the lack of architectural standards in the MS zoning district, the need for motorcycle parking space dimensions, or exclusion of R4 in some standards. Some regulations are newly proposed and stem from issues that staff has identified, such as the repeated demonstrated need that ‘Medical Clinic’ requires more parking than code allows, and the restrictions for signs for upper-floor uses.

ZO-05-21 | Chapter 5: Subdivision Standards

Chapter 5 establishes the minimum standards for and improvement of land subdivisions. These standards seek to facilitate the orderly growth and harmonious development of the City to accomplish the goals of the Comprehensive Plan and to protect and promote public health, safety, and welfare. There are four types of subdivisions in the UDO including: Infill, Conservation, Traditional, Commercial/Employment. This chapter also covers easements, stormwater and open space requirements, and streets and rights-of-way.

This petition amends tree plot width and sidewalk/multiuse path language to require widths to match Transportation Plan guidance if it is wider than the base UDO widths; clarifies that any new single-family or plex residential lot must have street frontage, but that multifamily lots are not required to have street frontage (matches old UDO regulation); requires environmentally sensitive areas to be placed in common area (matches old UDO regulation); and syncs neighborhood intersection distances with Transportation Plan. There are 5 amendments identified. These amendments are needed to provide clarity on development standard requirements in subdivisions by relating them to the Transportation Plan, as well as correcting two items that were potentially inadvertently changed from the last UDO.

ZO-06-21 | Chapter 6: Administration & Procedures

Chapter 6 identifies the types of permits, approvals, and processes which are required for petitions within the City. The most common type of petitions include site plan approval, certificates of zoning compliance, sign permits, grading permits and certificates of occupancy. This chapter also outlines the review and decision-making bodies for the City.

This petition deletes the provisions that require major site plan review for expansions of existing developments that increase the units on a lot by 10 percent of more or that increase the gross floor area by more than 10,000 square feet or 25%, whichever is less; amends the minimum unit threshold for major site plan review from 30 to 50 units; and replaces language that restricts expansion of structures in a floodplain from a one-time expansion to being allowed if State code is met. There are 4 amendments identified. The first three amendments address issues that we have seen at Plan Commission and in working with potential applicants. The first is that confusion is created when a by-right project is taken to the Plan Commission and neighbors do not understand the available recourse. The Department seeks to incorporate transparency in petitions, which is why the thresholds were set fairly low. However, for smaller scale projects, the benefit to the community of presenting the petitions in a public forum does not outweigh the extra time added for the petitioner and Plan Commission, and in fact, creates confusion. Additionally, the dwelling unit percentage expansion provision would require small apartment buildings that add one or two units to be seen by the Plan Commission. That was not the intent of the provision. The floodplain provision change syncs expansion limits with the State code.

ZO-07-21 | Chapter 7: Definitions 

Chapter 7 includes definitions for words and phrases used in the UDO.

This petition clarifies that you can have multiple primary uses in multiple buildings on one lot (ex. apartment complex with commercial in one building); modifies the definition of multifamily to incorporate upper floor residential units; amends definition of family to sync with the ADU regulations adopted in 2020; adds definitions for Firearm Sales and Small Livestock; amends the Medical Clinic definition to include birthing centers; and amends the Porch definition. There are 7 amendments identified. These amendments are needed to clarify regulations for common existing uses and to add uses that we have seen issues with when discussing their potential location with members of the public.


Deletion of RE Zoning District

ZO-08-21

When the new UDO was adopted, one of the many carryover base zoning districts was (RE) Residential Estate. This district featured large (minimum 2.5 acre) properties that were designed to provide a mixture of residential and agricultural uses. Properties that meet the current intentions and standards for the RE district are uncommon in the City.

The new UDO created 3 new base zoning districts including (R1) Residential Large Lot. The R1 district was created to accommodate single-family residential developments of relatively large lots and to serve as a transition between estate development and medium-lot development.

When mapping parcels that met the goals and standards of either the RE or R1 district it became evident that there was overlap between the districts. Many of the parcels which met the requirements for the R1 district were better served by remaining or being rezoned to R2, while many of the parcels which met the requirements for R1 were already zoned RE. Additionally, urban agriculture, a common use in the RE district, is allowed in all of the City's residential districts further reducing the need for estate style developments.

The Department is proposing to combine the two districts under the (R1) Residential Large Lot designation. This combination will remove the RE district in the list of base zoning districts. Many of the uses from the RE district already exist in the R1 district and other appropriate uses will be added to the R1 district.

Below are proposed permitted and conditional uses in the new R1 district:

Proposed R1 Permitted and Conditional Uses

The proposed R1 district will feature a combination of the allowed uses from both the RE and R1 districts. The final list of uses was chosen based on current uses on RE properties as well as the goals of both the RE and R1 districts.

Current and Proposed R1 District Dimensional Standards

The proposed R1 district will maintain the current R1 District Dimensional Standards. These standards were designed to be similar to other residential districts, and will allow for residential development patterns that reflect common residential designs in the City. Many of the allowed nonresidential uses feature Use Specific Standards which require additional setbacks or design requirements which will prevent their encroachment into other residential areas.


Duplex, Triplex, and Fourplex

ZO-09-21 | Duplex, Triplex, and Fourplex

This petition amends the locations where the uses ‘dwelling, duplex’ (duplex), ‘dwelling, triplex’ (triplex), and ‘dwelling, fourplex’ (fourplex) are allowed and amends the Use-Specific Standards associated with those uses.


Proposed Zoning Map

ZO-10-21 | Proposed Zoning Map

Proposed R1 Permitted and Conditional Uses

Current and Proposed R1 District Dimensional Standards