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

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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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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

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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 organization, become easier to understand

More flexibility automatically built in

Zoning Techniques to Support Small Businesses Generic Uses

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Zoning Techniques to Support Small Businesses Generic Uses

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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

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Zoning Techniques to Support Small Businesses Uses Matrix

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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

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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

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?

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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

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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

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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

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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

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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

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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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Air bnb

Specific Use Regulations

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Marijuana Cultivation/Sales

Specific Use Regulations

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Pedestrian Orientation

Design Standards

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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