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)
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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
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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
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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,
online 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)
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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)
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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.
• Zoning may not permit the types of spaces they want to lease in the places they want to lease them.
For Stage 2 Businesses
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GC
GI
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David Morley, AICP [email protected]
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
camiros.com
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 organization, 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”
camiros.com
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
office (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. & outside 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 [email protected]
camiros.com
providenceri.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
providenceri.com
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
providenceri.com
Robert Azar, AICP [email protected]
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