2024-06-13_Diagnostic Report_Elyria

Elyria, Ohio

Zoning Diagnostic Report An evaluation of the current Planning and Zoning Code and recommendations for zoning updates

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Ta b l e o f Co n te n t s Executive Summary �������������������������������������������������������������������������������������������������������������������� 3 Chapter 1: Introduction �������������������������������������������������������������������������������������������������������������� 6 How Is a Comprehensive Plan Different than a Zoning Code? �������������������������������������������� 6 What is the Zoning Diagnostic Report? ������������������������������������������������������������������������������������������������� 6 How Does the Zoning Diagnostic Report Fit into the Zoning Code Update Project? ����������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 7 How is the Zoning Diagnostic Report Organized? ������������������������������������������������������������������������ 7 What Biases Informed this Zoning Diagnostic Report? ������������������������������������������������������������ 8 What if the Comprehensive Plan Has Goals that Do Not Relate to Zoning? ������������ 9 Chapter 2: Identifying Community Objectives ������������������������������������������������������������� 11 Downtown Elyria �������������������������������������������������������������������������������������������������������������������������������������������������������11 Commercial Development �������������������������������������������������������������������������������������������������������������������������������12 Neighborhood Quality �����������������������������������������������������������������������������������������������������������������������������������������12 Parks, Recreation, and Health ������������������������������������������������������������������������������������������������������������������������13 Administration and Processes ���������������������������������������������������������������������������������������������������������������������� 14 Chapter 3: Zoning Ordinance Evaluation ����������������������������������������������������������������������� 16 Downtown Elyria ������������������������������������������������������������������������������������������������������������������������������������������������������17 Neighborhood Quality ��������������������������������������������������������������������������������������������������������������������������������������� 20 Parks, Recreation, and Health �����������������������������������������������������������������������������������������������������������������������22 Administration and Processes ��������������������������������������������������������������������������������������������������������������������� 24 Clarity, Consistency, and User-Friendliness ��������������������������������������������������������������������������������������� 26 Districts and District-Specific Standards �������������������������������������������������������������������������������������������� 28 Generally Applicable Regulations ������������������������������������������������������������������������������������������������������������� 30 Legal Defensibility ��������������������������������������������������������������������������������������������������������������������������������������������������33 Subdivision Regulations ������������������������������������������������������������������������������������������������������������������������������������35 Equity ������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 38

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E xe c u t i ve S u m m a r y This Zoning Diagnostic Report evaluates the provisions of the City of Elyria Zoning Code in their promotion or interference with the community’s objectives as identified in the comprehensive plan and with general planning goals. To create this report, unbiased, national zoning consultants performed a careful review of the community comprehensive plan, met with City staff, examined the existing Zoning Code, and reviewed the official zoning map; considered connections between zoning regulations and real-world outcomes; generated commentary linking the development code with the comprehensive plan; and generated recommendations for zoning amendments to be considered during the code update project.

Overall, we have some strong critiques of Elyria’s zoning code.

First, the code could improve with the addition of graphics and the increased use of tables to display regulations. For example, the district chapters use paragraphstyle text to show setback, height, lot area, and lot width requirements, whereas modern codes employ tables to display numerical standards. Furthermore, the sign regulations do not include

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graphics that could help with comprehension of the code.

Second, the code struggles to promote pedestrian, bicyclist, and transit-user access as espoused by the comprehensive plan. The parking minimums require large amounts of land to be used for the storage of vehicles, in effect causing separation of destinations and, in turn, increasing the burden of walking, bicycling, or taking transit.

Third, the code needs to adapt to modern uses and trends. The code does not address modern uses, such as electric vehicle charging stations and outdoor dining. As an additional example, the code addresses medical marijuana but does not address recreational marijuana cultivation, distribution, packaging, and sales.

While there are deficits, this report also highlights sections of the code that may promote the comprehensive plan’s objectives.

For example, by not having minimum lot areas and widths in the business districts, the code may decrease the barriers to entry for start-up enterprises and help promote the comprehensive plan’s goals of supporting local businesses.

The recommendations provided are numerous. (Recommendations

are identified as underlined text in this report.) Of the most important recommendations are those that suggest eliminating parking requirements, as peer cities are considering across the country; reviewing specific provisions for legal defensibility; and adding illustrative graphics for ease-of-use.

We hope that this report is both informative and provoking and, with changes made during the zoning code update project, leads Elyria into a prosperous future.

Of the most important recommendations are those that suggest eliminating parking requirements, as peer cities are considering across the country; reviewing specific provisions for legal defensibility; and adding illustrative graphics for ease-of-use.

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Introduction

Chapter

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C h a p te r 1 : I n t r o d u c t i o n HOW IS A COMPREHENSIVE PLAN DIFFERENT THAN A ZONING CODE? A comprehensive plan is the output of a lengthy, long-range planning process involving community engagement, visioning, and goal setting. Some community goals produced in this process may be general in nature, such as “Maintain accessible neighborhood green space,” while others may be very specific, such as “Allow buildings of up to 42 feet in height.” A comprehensive plan is adopted by a local legislative body, but its vision is just that: a high-level roadmap to guide future decision-making.

A zoning code, on the other hand, is codified and sets forth regulations that, if not followed, constitute a violation of the law. Zoning regulations impact many aspects of a community, including the natural environment, housing availability, the feel of a neighborhood, access to open space, health and walkability, entrepreneurial opportunities, and economic stability. Therefore, an effective and efficient zoning ordinance is paramount to achieving a community’s desired outcomes.

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In this lens, a comprehensive plan identifies where the community desires to go and the route to get there, but the zoning code implements that plan and helps get the community to its destination.

WHAT IS THE ZONING DIAGNOSTIC REPORT? A Zoning Diagnostic Report serves to draw lines between the longrange vision of the comprehensive plan and the on-the-ground regulations of the zoning code.

Specifically, this Zoning Diagnostic Report evaluates the Elyria Planning and Zoning Code and assesses whether the code’s provisions are working to promote or deter the community’s objectives as described in the 2024 “Our Elyria” Comprehensive Plan. In the case that the Zoning Diagnostic Report finds sections of the Planning and Zoning Code that are unlikely to result in such desired outcomes, the report recommends appropriate updates to the code that can be implemented during the forthcoming Planning and Zoning Code Rewrite Project.

HOW DOES THE ZONING DIAGNOSTIC REPORT FIT INTO THE ZONING CODE UPDATE PROJECT? To help align the zoning regulations to Elyria’s desired future scenario, the City has committed to a full zoning code update. A full zoning code update may occur only once every few decades—in Elyria, much of the Planning and Zoning Code was adopted in 1998. Some portions of the existing code may be necessary to keep, while other portions may benefit from a complete overhaul. The Zoning Diagnostic Report will take the critical first step of identifying the strengths and weaknesses of the existing code and properly setting the stage for an effectual update.

An overview of the project steps are as follows: Step 1 - Diagnose: Review and diagnose the issues and strengths of the current Planning and Zoning Code and analyze how well it promotes the goals of the comprehensive plan. The consultant will produce the Zoning Diagnostic Report to guide the project’s next steps.

Step 2 - Calibrate: Under the guidance of the comprehensive plan, the Zoning Diagnostic Report, City staff, and the consultant will calibrate the base standards of the updated code.

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Step 3 - Codify: Once new standards are calibrated, the consultant will develop a handtailored, clear, concise, user-friendly, equitable, and defensible zoning code document. The document will undergo revisions by the staff before opening up a public adoption process.

Step 4 - Adoption: The public review draft will be discussed in a public hearing by the Planning Commission and the City Council and considered for adoption into the municipal code of ordinances.

HOW IS THE ZONING DIAGNOSTIC REPORT ORGANIZED? The Zoning Diagnostic Report includes the following sections: Downtown Elyria; Commercial Development; Neighborhood Quality; Administration and Processes; Parks, Recreation, and Health; Clarity, Consistency, and User-Friendliness; Districts and District-Specific Standards; Generally Applicable Standards; Legal Defensibility; and Subdivision Regulations.

In each of the report’s sections, the Zoning Diagnostic Report will identify the area of regulation, the current code’s standards, recommendations (if any) from the community comprehensive plan, and consultant recommendations (if any) for the zoning code update.

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At the end of the report, the Zoning Diagnostic Report includes an equity scorecard, a quick evaluation of the current code’s ability to remove undue barriers to entry to wealth-building activities, such as home ownership and business ventures, for all populations.

WHAT BIASES INFORMED THIS ZONING DIAGNOSTIC REPORT? This Zoning Diagnostic Report was produced by a team of nonlocal professionals from the zoning code-focused consultancy, ZoneCo. Planners working on this report did not employ public engagement but instead relied on the comprehensive plan and other planning documents, insights from meetings with City staff, professional expertise in the zoning field, experience working with peer communities, and familiarity with national best practices.

ZoneCo emphasizes the importance of writing clear, concise, user-friendly, equitable, sustainable, and legally defensible zoning codes, and it sees zoning through the lens of these 4 general principles: Principle 1. Zoning should regulate only what needs to be regulated in order to protect health, safety, and the general welfare.

Zoning regulations should place limits on the use of land where necessary to protect health,

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safety, and the general welfare.

Regulations that do not relate to such public interests should be reviewed.

Principle 2. Zoning should respect both existing and desired development patterns.

Zoning regulations should relate to a community’s existing development patterns as well as its desired future scenario. When zoning regulations are out of context with existing or desired development patterns, land owners may need to apply for numerous approvals and variances for common development projects, which increases the cost of investment and discourages improvements which may benefit the community. Furthermore, processing such approvals and variances can unduly burden government departments and boards.

Principle 3. Zoning should be the implementation of a plan.

Zoning should be a tool to implement a community’s vision as expressed in its comprehensive plan. In many instances, a community invests time, funds, and energy into the development of a comprehensive plan, but zoning regulations are overlooked or revised over time in a disjointed manner. This scenario leads to outdated, inconsistent, and disorganized zoning regulations that are cumbersome, intimidating,

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and costly for property owners and administrators, alike, and impede planning goals and economic development. On the other hand, a comprehensive update to the zoning code within the long-term planning process allows for clear, usable, defensible, and consistent regulations that operate efficiently to protect the public’s interests and encourage desired outcomes.

Principle 4: Achieving equity and environmental resiliency should be cornerstones of any code update.

All zoning amendment processes should be made with consideration for how zoning regulations can contribute to equity and environmental resiliency. Zoning has—for generations and across the country—reduced the availability, affordability, and diversity of housing options and impeded the ability to re-invest in older neighborhoods. Furthermore, zoning has contributed to inefficient use of land and degraded ecosystems. Using zoning to promote equity and environmental resilience can lead to more relevant, healthy, peaceful, and financially responsible places to live and invest.

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WHAT IF THE COMPREHENSIVE PLAN HAS GOALS THAT DO NOT RELATE TO ZONING? Typical for any comprehensive plan, we found that many of the comprehensive plan’s goals do not relate to zoning regulations.

For instance, the plan has many suggested actions and community comments that focus on safety or education. Page 28, as an example, lists objectives with community support: Establish community policing programs within neighborhoods and “Develop a partnership between LCCC, the Ohio Small Business Development Center, and the city to educate city residents on starting their own businesses.”

Therefore, this Zoning Diagnostic Report will focus on the comprehensive plan’s recommendations that relate to zoning regulations, such as “Relax parking minimums to allow commercial uses on smaller lots” (page 29).

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Identifying Community Objectives Chapter

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C h a p te r 2 : I d e n t i f y i n g Co m m u n i t y O b j e c t i ve s The “Our Elyria” Comprehensive Plan outlines many goals for the future of Elyria, based on feedback from public outreach efforts.

Some of those goals relate to zoning regulations, such as “Allow small-scale commercial uses near residential neighborhoods” (pg. 83), while others do not, such as “Boost support for neighborhood watch associations” (pg. 28).

Below, we list goals from the comprehensive plan that relate to zoning and subdivision regulations:

DOWNTOWN ELYRIA The comprehensive plan emphasizes the desire for downtown Elyria to become a destination for Elyrians and visitors, with a variety of housing

types, retailers, restaurants, family entertainment, outdoor dining, pocket parks, plazas, activated rooftops, and a grocery store (pgs. 17, 44, 52, 62, 66, and 77). Specifically, the comprehensive plan suggests that development capitalize on the natural attraction of Cascade Falls (pg. 44); be pedestrian-oriented with zero-foot setbacks (pg. 52); hide parking behind buildings or in structured parking; and expand the downtown zoning from river-toriver and onto the site at 500 Third Street (pg. 66).

Finally, the comprehensive plan recommends preserving historic architecture throughout Elyria.

“The comprehensive plan emphasizes the desire for downtown Elyria to become a destination for Elyrians and visitors, with a variety of housing types, retailers, restaurants, family entertainment, outdoor dining, pocket parks, plazas, activated rooftops, and a grocery store.”

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COMMERCIAL DEVELOPMENT

starting-point for many successful local businesses.

The comprehensive plan has many recommendations related to commercial development.

Fourth, to address food deserts, the plan illustrates the need for a grocery store site with the closing of the Aldi on Oberlin Road (pg. 16) and a “dollar store ordinance” that would require a percentage of shelf space of small box discount stores to be dedicated to fresh foods (pg.

74).

First, the plan suggests allowing small businesses in closer proximity to neighborhoods to encourage residents to walk to nearby destinations, such as grocery stores, coffee shops, doctors’ offices, and small-scale retail (pgs. 44, 46, 51, 83). In a similar theme, the plan recommends allowing small-scale commercial uses on corner lots (pg. 56). Having nearby businesses is helpful for residents to access needed goods and services, and is also helpful for businesses that may profit from local patronage.

Second, in connection with the above suggestion, the plan recommends reducing parking minimums to allow commercial uses on smaller lots (pg. 83).

In many locales, commercial establishments are barred from opening because lots are too small to accommodate the required number of parking spaces.

Third, the plan suggests allowing in-home, low-intensity businesses in residential districts that do not disrupt the character of the neighborhood (pg. 83). In-home work has traditionally been an essential income stream for many households and has been a

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The plan additionally mentions the need for catalytic commercial uses, such as residential, commercial, office, and industrial uses, along Leo Bullocks Parkway (pg. 44, 51) and the increase in businesses city-wide, but especially in downtown and at Midway Mall (pg. 51).

General commercial areas should have a mix of uses with no front or side setbacks and minimal rear setbacks; shared parking is encouraged in the rear or sides of buildings (pg. 52, 53, 54) or, in the Employment Center District, in the front if properly screened and landscaped (pg. 57).

Finally, the plan calls for the preservation of historic architecture (pg. 17).

NEIGHBORHOOD QUALITY The comprehensive plan highlights neighborhood quality as an important community objective.

Certain aspects, such as safety and property maintenance and upkeep

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fall outside of zoning regulations, but others, as described below, should be considered during a zoning update.

First, the plan recommends allowing for a wide array of housing types that are attractive and affordable to seniors and small households, including townhomes, duplexes, triplexes, small apartments, and accessory dwelling units, within the singlefamily detached neighborhoods (pgs. 44, 51, 55, 56). Furthermore, it reiterates the need for increased housing supply and diversity (pg. 69, 86, 91) and mixed-use development in desired locations (pg. 86, 91).

Second, the plan recommends pursuing traffic calming techniques to enhance neighborhood tranquility and safety (pg. 103).

Lastly, the preservation of historic architecture is espoused by the comprehensive plan (pg. 17).

PARKS, RECREATION, AND HEALTH The comprehensive plan emphasizes the need for improved access to parks, recreation, and improved health.

For example, on pages 16 and 17, the plan shows community interest in improved access to parks and green space. On pages 69 and 103, it urges for better bicycle and pedestrian transportation, for construction or repair of sidewalks on public property, and the implementation of the 2021 Active Transportation Plan.

The former Bluestar Recycling Center was specifically highlighted as a new parks and recreational asset for the community, to include a playground, skate park, bicycle pump track, volleyball and basketball courts, co-working office space, and outdoor seating with food truck parking (pg. 25).

Finally, related to health, the plan describes the community’s desire

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“The plan suggests allowing in-home, lowintensity businesses in residential districts that do not disrupt the character of the neighborhood (pg. 83).”

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for improved access to fresh, healthy food (pg. 69).

workforce housing near formal industrial sites (pg. 49).

ADMINISTRATION AND PROCESSES Lastly, some zoning-related objectives of the comprehensive plan fall within the category of “administration and processes”.

Sometimes, the regulations of the zoning code themselves are not the hurdles; rather the processes for gaining approval can impede success of community objectives.

Below, we describe some of the plan’s objectives that relate to administration and processes.

First, the plan recommends making it easier for businesses to come to Elyria by streamlining city approval processes (pg. 23). Likewise, the community wishes to reduce the startup costs of doing business in the city and foster local business ownership (pg 69).

Second, the plan recommends streamlining the redevelopment of vacant lots in order to spark economic development (pg. 19).

Third, to improve neighborhood quality, the community desires better enforcement of the building code and zoning code to address slumlords practicing poor property maintenance (pg. 17).

And, lastly, the plan suggests a remapping of the city and a correction of the mapping of

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Zoning Ordinance Evaluation Chapter

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C h a p te r 3 : Zo n i n g O r d i n a n c e E va l u a t i o n This chapter highlights provisions of the Planning and Zoning Code that apply to goals of the comprehensive plan or general planning best practices. We have organized this chapter into separate categories, including the following: •

Downtown Elyria

•

Commercial Development

•

Neighborhood Quality

•

Parks, Recreation, and Health

•

Administration and Processes

•

Clarity, Consistency, and UserFriendliness

•

District and District-Specific Standards

•

Generally Applicable Regulations

•

Legal Defensibility

•

Subdivision Regulations

•

Equity

For most of the discussion points, recommendations for future code updates are provided as underlined text.

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district is defined as a Landmark Preservation District. The reader may find it difficult to know whether or not their property is in a historic district.

DOWNTOWN ELYRIA In this section, we will discuss how the current Planning and Zoning Code supports the goal of growing downtown Elyria into a local and regional destination, as espoused by the comprehensive plan.

Landmark Preservation District May Preserve Historic Architecture

Furthermore, the code does establish criteria for the Landmarks Preservation Commission to evaluate whether an alteration or demolition will or will not “result in an adverse effect to the City under the terms of this chapter”.

We recommend clarifying the Landmarks Preservation District and Historic Districts chapters (Chapters 1103 and 1105) to most effectively achieve the community’s goal of preserving historic architecture in Elyria.

Chapter 1103 “Preservation of Landmarks” establishes a Landmarks Preservation Commission, and it requires that any building or demolition permit application within the Landmark Preservation District first seek review and approval from the Landmarks Preservation Commission. This chapter helps advance the comprehensive plan’s goal of preserving historic architecture in Elyria.

However, the code presents some ambiguities in this provision. First, it does not establish whether there are any Landmark Preservation Districts within Elyria; it establishes a “West Avenue Historic District” but does not indicate that such historic

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COMMERCIAL DEVELOPMENT

Industrial Districts Are Limited By Low Heights

In this section, we will discuss how the current Planning and Zoning Code supports the goal of creating an environment that is conducive to commercial development, as espoused by the comprehensive plan.

In the L-I Light Industrial District (Chapter 1164), the H-I Heavy Industrial District (Chapter 1166), the S-I Special Industrial District (Chapter 1168), and the TPD Technology Park District (Chapter 1170), principal buildings are limited to 40 feet in height. This low height may restrict business development in Elyria, as many industrial operations may require heights in excess of 40 feet for warehousing, storage containers for fluids and other raw materials, and other essential industrial infrastructure. In order to promote commercial investment in Elyria, we recommend permitting greater heights in all industrial districts.

Home Occupations Are Important for Business Development The code requires that accessory uses be located in the rear yard only (see Section 1140.03 as an example). Home occupations are accessory uses, but they would be inappropriately situated in a rear yard area. This regulation is erroneous and may impair small business success. We recommend revising accessory use regulations to clarify that home occupations are accessory uses that are expressly permitted within the principal structure.

Industrial Uses Are Limited By Conditional Use Processes In the S-I Special Industrial District (Chapter 1168), heavy industrial uses, such as asbestos manufacturing or fertilizer manufacturing, are listed as conditionally permitted

In order to promote commercial investment in Elyria, we recommend permitting greater heights in all industrial districts.

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uses (Section 1168.02) rather than principally permitted uses as is the case with “Heavy Manufacturing and Storage” in the H-I Heavy Industrial District (Section 1166.02).

To accommodate industrial development and associated employment opportunities in industrial districts, we recommend clarifying what uses are listed as permitted versus conditionally permitted in the H-I Heavy Industrial District and the S-I Special Industrial District and ensuring that all use terms are adequately defined.

spaces, which may not fit on the lot, and this would force the business owner to purchase a larger lot further from its local customer base.

To promote small, local business development, we recommend eliminating or reducing parking requirements.

Parking Requirements May Hinder Small, Local Business Development Chapter 1175 requires off-street parking spaces to be provided for many uses. For example, a restaurant use requires one space per 150 square feet of floor area.

Such provision may impair small business development in Elyria for two main reasons. First, parking costs the landowner, which may burden small businesses with low access to capital. According to a 2016 article in Streetsblog, each surface parking space may cost $5,000-10,000, a cost that may prevent a new business owner from launching a start-up. Second, parking requirements may render small lots unusable for certain businesses; a 4,000-square-foot lot may not be able to be turned into a restaurant, as the 1,500-square-foot restaurant would require 10 parking

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NEIGHBORHOOD QUALITY In this section, we will discuss how the current Planning and Zoning Code supports the goal of elevating neighborhoods with diverse housing options, increased housing supply, improved pedestrian and bicycle access, and other objectives, as espoused by the comprehensive plan.

Land Reutilization Program May Improve Neighborhood Quality The Land Reutilization Program (Chapter 1107) institutes a program that allows the City to acquire vacant or “nonproductive” property through a variety of means, repurpose the property, and sell it, with the goal of improving the value of land within its neighborhoods.

This program may advance the community’s objective of improving neighborhood quality, maintaining and upkeeping properties, and addressing issues associated with absentee property owners. We recommend maintaining the Land Reutilization Program, while adding provisions that encourage the reuse of vacant lands as pocket parks and community gardens, as the community expressed desire for improved access to fresh foods and green space.

Child Care Facilities May Be Overly Regulated Child care is important in establishing family-friendly neighborhoods and cities. An

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abundant supply of child care facilities may additionally curtail the rising costs of child care.

However, the child care facility regulations in the code critically limit the availability of child care facilities within neighborhoods.

For instance, Section 1140.04 limits child care facilities by listing them as conditional uses--and conditional uses involve special permitting processes--and further requiring that lot areas be at least 30,000 square feet with at least 175 feet of frontage; such requirements make the standard lots in Elyria unsuitable for siting child care facilities, as standard lots do not meet such thresholds.

We recommend relaxing the regulations on child care facilities in all districts in order to facilitate these family-friendly uses.

Use-Based Lot Area Requirements May Hinder Re-Use of Structures in Neighborhoods In residential districts, minimum lot areas and widths vary based on the type of residential use. For instance, in Section 1150.05 “Minimum Lot Area and Width [for MultiHousehold Low Density District]”, the minimum lot area for a twohousehold dwelling is 10,000 square feet, whereas the minimum lot area for a multi-household dwelling of 3 or 4 units is 22,000 square feet and, for a multi-household dwelling of 5 or more units, 2 acres. The code then goes on in Section 1150.06 to require that multi-household units

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must have at least 2,500 square feet of lot area per dwelling. These requirements may reduce the ability of a landowner to renovate their property; if a landowner wanted to convert a 3-household dwelling to a 5-household dwelling, they would need to be situated on a lot more than twice as large as the 3-household dwelling required.

This unit-based requirement may prohibit such a project and effectively reducing the availability of housing in a neighborhood and hindering investment in properties in Elyria. We recommend facilitating investment in properties by regulating the scale of residential structures and their relationship to the street in a manner that is uniform across a district rather than regulating the lot area, width, and setbacks on a building-type basis.

fewer parking spaces, such as 1 parking space per dwelling unit, the same lot could support twice as many dwelling units, leading to lower rent costs for residents.

Furthermore, the provision of parking costs housing developers, which increases housing costs.

According to a 2016 article in Streetsblog, each surface parking space may cost $5,000-10,000, a cost that is likely passed on to the resident, increasing the cost of housing in Elyria, or a cost that contributes to poor housing quality and maintenance. To keep housing plentiful, high-quality, and affordable, we recommend eliminating or reducing parking minimums.

Parking Requirements May Decrease Housing Availability and Increase Housing Costs Chapter 1175 requires off-street parking spaces to be provided for many uses. Residential uses, specifically, require 2 off-street parking spaces per dwelling unit.

This requirement may decrease housing availability by limiting the number of housing units on a lot.

For instance, if a multi-household dwelling is located on a one-acre lot, and half the lot is consumed by parking, it may only support 70 parking spaces in 21,000 square feet, or enough parking for only 35 dwelling units. By requiring

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PARKS, RECREATION, AND HEALTH In this section, we will discuss how the current Planning and Zoning Code supports the goal of improved access to parks, enhanced recreational resources, and better public health, as espoused by the comprehensive plan.

Districts Do Not Permit Park Uses

By Right Districts, in general, do not permit parks and other recreation uses by right in their list of principally permitted uses. For instance, in the B-N Business-Neighborhood District, Section 1156.02 does not list pocket park, playground, community garden or other similar uses in the list of principally

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permitted uses. We recommend that, in order to promote community health and recreation, every district should permit parks, playgrounds, passive recreation, and community garden uses by right.

Downtown Business District Does Permit Farmers Market By Right The B-D Business-Downtown District (Chapter 1158) allows for a farmer’s market use by right.

Farmer’s markets address food deserts, a key issue in Elyria described in the comprehensive plan. While downtown is an ideal location for a community gathering such as a farmer’s market, we recommend that farmer’s markets be permitted by right in other commercial districts to address

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food deserts closer to residential neighborhoods.

Business Districts Do Not Explicitly Permit Grocers The business districts, such as B-N, B-D, and B-G, do not explicitly permit grocery stores by right.

Chapter 1156 “B-N BusinessNeighborhood District” allows for “Neighborhood Retail Business” uses, defined as any business selling goods, wares or merchandise directly to the ultimate consumer, but ambiguity exists as to whether “Neighborhood Retail Business” includes grocery store uses.

Because food access is specifically addressed in the comprehensive plan as a community concern, we recommend explicitly allowing grocery stores in all business districts.

Bus Shelters Are Not Universally Permitted The comprehensive plan describes the community desire for improved public transportation. However, the code fails to list bus shelters as permitted accessory structures in every district. To better support the public transit goals of Elyria, we recommend explicitly permitting bus shelters in every district.

spaces be provided per use. For example, Section 1175.06 requires two parking spaces per dwelling unit. Such a requirement impedes the comprehensive plan’s goal of improved access for pedestrians and bicyclists in two ways. First, as all uses must facilitate the storage of motor vehicles, the use becomes larger and, in effect, more distant from other uses. For example, if a housing unit requires 2 off-street parking spaces, the 900-squarefoot unit may require 600 square feet of parking area (300 square feet per parking space). As uses become more distant, walkability and bikeability between uses becomes more difficult. Second, the provision of parking spaces increases the abundance of motor vehicles in a community, and a greater abundance of motor vehicles may impair the safety of pedestrians and bicyclists. To better achieve the community goal of improved access for pedestrians and bicyclists, we recommend eliminating parking requirements.

Parking Requirements May Decrease Pedestrian and Bicycle Access The code requires a minimum number of off-street parking

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ADMINISTRATION AND PROCESSES In this section, we will discuss how the current Planning and Zoning Code’s administration and processes relate to the goals of the comprehensive plan.

The Code Should Differentiate Between the Roles of the Zoning Administrator and the Building Inspector Section 1127.02 “Responsibilities of the Building Inspector” details that the building inspector shall receive, review, and make determinations on applications for zoning permits.

Typically, a building inspector enforces the building code, whereas a zoning administrator implements the zoning code.

We recommend that the Zoning Code indicate that a zoning administrator or, alternatively, a zoning director receive, review, and make determinations on applications for zoning permits and other responsibilities as outlined in Section 1127.02.

The Code May Need Modernization of Procedures Multiple sections of the code include requirements for publishing of proposed actions in a newspaper of local circulation. This requirement is antiquated, and we recommend modernizing public notice requirements to allow for online publication, if permitted by state law.

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Section 1111.06 “Preliminary Subdivision Plan” requires that an applicant provide 20 copies of the preliminary subdivision plan to the Planning Commission.

Other sections include reference to number of copies, as well, such as Section 1115.01(b)(1).

Such requirement is antiquated.

We recommend allowing for applications to be submitted electronically.

Processes Are Not Contained in One Code Chapter Chapter 1127 “Administration, Enforcement, and Penalty” fails to indicate the procedure by which the appropriate body should permit a conditional use. Conditional uses are described elsewhere in Chapter 1135. Furthermore, PUD approval, cluster development approval, and design review is located towards the end of the code, in Chapters 11771183. For ease of use of the code, we recommend including all zoning code procedures in one section, including permits applications, variances, appeals, conditional use approvals, text amendments, map amendments, site development plan approval, and design review.

Amendments to the Code Include Ambiguous Instructions Chapter 1133 “Amendments” includes instructions on amending the zoning map or text within the zoning code. It makes clear that City Council, itself, may initiate and change by ordinance the location or

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area of a district and any regulations within the code. It also allows for any person to petition the Council for a zoning change; however, it indicates that all requests for zoning amendments be transmitted to the Planning Commission and that the Planning Commission send out notices of zoning map amendments to affected property owners. These procedures add ambiguity as to whether the deciding body on amendments is Planning Commission, City Council, or both. We recommend clarifying the procedures for zoning map and text amendments.

Design Review Application Is Ambiguous Chapter 1183 “Design Review” is unclear in which projects require design review. Section 1183.02 provides a confusing paragraph about which projects apply and do not apply to design review. We recommend that Chapter 1183 “Design Review” clearly describes which projects require and which projects are exempt from design review processes.

Design Review Process May Delay Priority Projects

certain districts. This requirement may slow down the processing of applications for certain projects, effectively increasing the costs of development. To encourage certain development, such as neighborhood businesses, groceries, or senior-friendly housing, we recommend that such review process language be clarified as to when applications are reviewed by City staff versus by Planning Commission.

Site Development Plan Process May Delay Priority Projects Chapter 1184 “Submission of Plans” requires that all projects submit site development plans to the Planning Commission for review during a public hearing. Many peer communities include such provisions, but we believe that such provisions may unnecessarily delay priority projects. We recommend that the review process language for priority projects, such as neighborhood businesses, groceries, or senior-friendly housing, be clarified as to when applications are reviewed by City staff versus by Planning Commission.

Chapter 1183 “Design Review” requires that all applicable projects submit plans to the Planning Commission for review during a public hearing, including all new buildings, building additions and alterations, signs, fences, parking lots, and other site improvements in

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CLARITY, CONSISTENCY, AND USER-FRIENDLINESS In this section, we will discuss how the current Planning and Zoning Code achieves (or not) the goal of a clear, concise, accessible, easy-to-use document, a goal that is inherent to any regulatory document and a widely accepted best practice.

Use Terms Are Contained in One Chapter Chapter 1125 contains many of the Zoning Code’s terms and definitions. We recommend keeping the consolidated glossary of terms, but we suggest locating this chapter at the end of the code for improved ease-of-use and navigation.

Not All Use Terms Are Defined In the TPD Technology Park District (Chapter 1170), many principally permitted uses are not defined.

For instance, Section 1170.02.I. lists drugs and pharmaceuticals as principally permitted uses, but no definition clarifies whether this use term relates to the research

and development of drugs and pharmaceuticals or their manufacturing, marketing, or sales. We recommend ensuring that every use term is defined to improve the clarity of the code.

Code Does Not Employ Graphics The code does not employ graphics.

To improve reader comprehension, we recommend adding graphics that illustrate complex regulations.

The Code Could Benefit From More Tables In the district chapters, the code lists the minimum lot area, minimum lot width, minimum front yard setback, minimum side yard setback, and minimum rear yard setback as separate sections, written in sentence format. To increase the comprehension of the code’s regulations, we recommend using tables wherever possible to display numeric standards, such as setbacks and lot areas.

Some Code Sections Are Misplaced Section 1135.07 “Medical Marijuana Facilities” is nested within Chapter

We recommend ensuring that every use term is defined to improve the clarity of the code.

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1135 “Conditional Uses” and is out of place--no other conditional uses are specially regulated in this chapter. Furthermore, group homes and home occupations are regulated with the Supplemental District Regulations chapter (1137) along with fences, parking of RVs, and corner sight triangles. These regulations are not related and do not belong within the same chapter. We recommend including a chapter called “Uses and UseSpecific Regulations” that lists special regulations that may apply to targeted uses, such as medical marijuana uses and sexually oriented uses, to better organize regulations within the code.

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DISTRICTS AND DISTRICTSPECIFIC STANDARDS

and lot widths in business districts during the code update process.

In this section, we will discuss how the current regulations of the zoning districts relate to the goals of the comprehensive plan.

R-PUD District Contains Inconsistencies

Code Includes Excessive Number of Zoning Districts The code includes 18 zoning districts. While more districts may contribute to higher specificity and improved accuracy and customization of a district to a particular locale, more districts may also add complexity to the code unnecessarily. To simplify the code and make it easier to comprehend and administer, we recommend consolidating the districts into a shorter list; the comprehensive plan recommends 9 districts.

Business Districts Add Flexibility

By Removing Lot Area and Width Requirements The Business-Neighborhood District (Chapter 1156), the BusinessDowntown District (Chapter 1158), the Business-General District (Chapter 1160), and other business or industrial districts do not include minimum lot area or minimum lot width requirements. This omittance may add flexibility to districts and facilitate small, local businesses on irregular lots, such as ice cream shops, coffee shops, and book stores. We recommend maintaining no minimum lot area

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Chapter 1177 “Residential Planned Unit Developments (R-PUD)” permits attached, singlehousehold units but requires that the minimum setback between 2 single-household dwellings be 12 feet. Additionally, the R-PUD District refers to “preliminary site plan” and “final site plan”, but later adds the word “development” in its reference to “approved site development plan”. We recommend that all districts are reviewed for consistency.

Cluster Developments Are Not Typical Chapter 1179 “Cluster Development” is not consistent with peer communities. Many peer communities require that 30% or more of the development site is set aside for open space or conservation land; however, Elyria’s code requires only 20% of the total land area be common open space. Furthermore, many peer community cluster developments focus on reducing the water, stormwater, sewer, gas, and other infrastructure costs by tightly clustering residences within a small area of the site, nearby to other utilities, or connected to an onsite septic treatment facility. We recommend revising the cluster

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development regulations to match those of peer communities.

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GENERALLY APPLICABLE REGULATIONS In this section, we will discuss how the current Planning and Zoning Code’s regulation of “generally applicable regulations” (such as parking, fencing, signage, etc.) relates to the goals of the comprehensive plan and to general zoning best practices.

Sign Code Is Lengthy and Complex The code’s sign regulations are split between two chapters: Chapter 1173 “Off-Premises Outdoor Advertising Signs” and Chapter 1174 “On-Premises Signs”. Signs are regulated based on the content of the sign--”on-premises” versus “off-premises”--and the district or general area in which the sign is located--”residential districts” (Section 1174.07) and “downtown commons area” (Section 1174.058), for two examples. This method of organization leads to a lengthy sign code and may inhibit reader comprehension. We recommend revising the sign code to simplify the regulations, employ tables and graphics to display regulations in an easy-to-understand manner, and ensure content neutrality.

Parking Regulations Are Unclear Section 1175.01 “General Requirements [for Parking]” describes several conflicting requirements for providing offstreet parking. First, it requires that,

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for any erection or enlargement of a structure or use, off-street parking be provided. It then goes on to say that, for any change or enlargement in floor area, number of employees, number of dwelling units, or seating capacity or other change that requires the need for 10 percent more parking spaces, the spaces shall be provided on the bases of the enlargement or change. Lastly, it requires that, whenever a building or use existing prior to the effective date of the code is enlarged to the extent of 50 percent or more in floor area, the building shall then comply with the effective parking requirements. Such requirements are conflicting and confusing. We recommend that the application of the parking requirements be simplified and clarified.

Similarly, Section 1175.02 “Location, Size and Access [of Parking]” requires that, for non-residential uses, the required off-street parking spaces be provided on the premises immediately adjoining the use requiring off-street parking; the regulations go on to say then that required parking spaces be within 300 feet of any part of such premises and in the same or less restrictive district. This regulation begs the question: Must the parking be located on the immediately adjoining property or must the parking be located within 300 feet of the premises? We recommend that the acceptable location of required parking spaces be clarified.

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Parking Is Prohibited in Front Yards of Residential Districts, Which May Improve Neighborhood Quality Section 1175.03 prohibits parking areas in the front yard of residential districts, although it allows parking on driveways which lead to parking areas on the side or rear of the lot. This prohibition may improve neighborhood quality by muting the presence of motor vehicles in residential landscapes. We recommend maintaining such provision limiting parking in the front yards within residential districts.

Parking Requirements Do Not Promote Stormwater Best Practices The code imposes minimum parking requirements on most uses, as detailed in Section 1175.06 “Number of Spaces Required.”

Parking contributes to the impervious surface area of a city, generating increased runoff flows, volumes, temperatures, and pollutant loads to receiving waters and may contribute to flooding

and associated damages and costs.

We recommend implementing stormwater best practices by eliminating or reducing minimum parking requirements.

The code requires that parking areas be improved with a “durable and dustless surface of asphalt, concrete, brick, or other surface as approved by the Building Inspector of sufficient strength to support vehicular loads imposed on it.” While this provision does not outright prohibit permeable pavement technology, we recommend that parking requirements explicitly allow permeable asphalt, permeable concrete, and stormwater-smart pavers to protect stormwater infrastructure and receiving streams.

Furthermore, Section 1175.08.L. “Curbing” requires continuous concrete curbs along the entire perimeter of parking lots. Such provision may conflict with the recommendations of Low Impact Design and stormwater best management practices, and we recommend allowing parking

We advise that sign codes be crafted as content neutral, and we recommend that sign codes be reviewed by local legal counsel for compliance with current case law.

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areas that drain to rain gardens, bioswales, or tree box wells, which may reduce the impacts of parking on stormwater infrastructure.

Solar Panels Are Not Addressed Chapter 1188 addresses wind energy systems, but the code does not address solar energy systems. Many peer communities are experiencing a proliferation of rooftop and utilityscale solar energy systems, and we recommend that solar energy systems are addressed by the zoning code.

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LEGAL DEFENSIBILITY In this section, we will discuss items in the zoning code that may need review by Elyria’s legal team to ensure legal defensibility.

Code Uses Non-Familial “Household” Definition The code uses and defines the term household to mean one or more persons customarily living together as a single housekeeping unit and using common cooking facilities...The definition does not use reference to relation by blood, marriage, or adoption, as is typical among older codes in peer communities. We recommend maintaining this household-based definition as opposed to a familybased definition, as family-based regulations may infringe on a person’s right to free association.

Conditional Use Permit Revocation May Violate Property Rights Section 1135.05 “Revocation of Conditional Use Permit” voids

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a conditional use permit if construction of the proposed use or the proposed use itself has not begun within one year from the conditional use approval.

Furthermore, Section 1135.06 “Expiration of Conditional Use Permit” describes the automatic expiration of a conditional use permit if the conditional use has ceased for a period of more than 6 months. These automatic voidings of a permit may unlawfully revoke property rights duly granted. We recommend that any provision that revokes permits automatically after a specified amount to time be reviewed and revised by the City’s legal counsel.

Sign Regulations Need Legal Review The code refers to outdoor advertising in its sign regulations, as well as terms, such as offpremises outdoor advertising sign, on-premises sign, real estate sign, and directional or informational sign. Such sign terms may reference sign content, which may be construed as a regulation of speech. We advise that sign codes be crafted as content neutral, and we recommend that sign codes be reviewed by local legal counsel for compliance with current case law.

HAM Radio Communications Are Not Explicitly Addressed Chapter 1186 “Cellular Communication Sites” does not permit cellular or personal

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communications antenna in singlefamily or multi-family residential zoning districts. This prohibition may affect the use of HAM radio communication systems, which fall under purview of the Federal Communications Commission regulations. The PRB-1 regulation states that “[L]ocal regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority’s legitimate purpose.”

We recommend that Elyria amend its Cellular Communication Sites regulations to adequately accommodate amateur and HAM radio antennae in all zoning districts.

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SUBDIVISION REGULATIONS In this section, we will discuss the subdivision regulations.

Subdivision Procedures May Confuse Reader Chapter 1111 “Procedure for Subdivision Approval” includes processes for the application for both subdivisions involving 5 lots or less and those involving more than 5 lots. However, the regulations use confusing terms that may impede the goal of clarity and userfriendliness. For instance, Section 1111.02 says that, for a subdivision involving not more than 5 lots, the division shall be submitted to the Planning Commission without a plat. Section 1111.03 then begins procedures for larger subdivisions, those involving more than 5 lots.

However, Section 1111.05 indicates that all applications for subdivisions shall be submitted at least 14 days prior to a Planning Commission meeting and shall be accompanied by a fee, but it does not indicate whether “all applications” refers to all subdivisions or only to subdivisions involving for than 5 lots. We recommend re-organizing the subdivision procedures section to clearly instruct the reader on how to lawfully apply for subdivision.

Subdivision Design Standards May Protect Environmental Assets Chapter 1112 “Design Standards” implements standards for subdivisions regarding the

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protection of some environmental features, such as streams. For example, Section 1112.02 says that “Subdivisions shall be planned to take advantage of the topography of the land...to reduce the amount of grading, to preserve tree stands and topsoil, [and] to protect such land features as watercourses and unusual rock formations...”

It goes on to say that “natural features, irregularities in slope, natural drainage patterns of rivers and streams, and groves of trees, shall be protected and avoided in designing the layout of streets, lots, and blocks.” These protections, which must be enforced by the Planning Commission during its review of subdivision applications, may lead Elyria to greater environmental health and beauty.

Section 1112.04(d) also directs that “Due regard shall be shown for preserving natural features, such as scenic spots, watercourses, or mature groves of trees.” We recommend maintaining these provisions.

Open Space Requirement May Support Public Access to Green Space and Recreation Section 1112.04 “Public Sites and Open Spaces” requires that new subdivisions dedicate a portion of the land for parks, playgrounds, open spaces, recreational areas, school sties, or other designations.

However, this provision does not indicate whether the requirement applies to all subdivisions, including

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those subdivisions involving 5 or fewer lots, which we assume it does not. Furthermore, the provision does not go far enough; 4 percent of land area being dedicated to parks, open spaces, or recreational areas is a low threshold compared to the codes of some peer cities. We recommend clarifying this provision and increasing the minimum set-aside to address the impacts of a particular development, such as the loss of greenspace in the city, the increase in impervious surface in the watershed, or the increase in the school-age population of the city.

Subdivision Regulations May Need Modernization Section 1112.12 “Alleys” prohibits alleys in one- and two-family districts.

However, alleys in subdivisions is becoming popular in peer cities across the country. We recommend permitting, or even encouraging, alleys in all subdivisions, which may improve walkability in Elyria, as, in neighborhoods that include alleys, front yards and their sidewalks are uninterrupted by driveway curb

cuts, have larger shade trees that are protected from annual utility line pruning, and are uncluttered by trash receptacles.

Section 1112.12 “Alleys” also requires that alleys be at least 30 feet in width.

This width is excessive and creates road-like conditions in alleyways.

Furthermore, the width of 30 feet conflicts with the definition of alley in Section 1125.04, which says that an alley is not more than 24 feet in width.

We recommend that the engineering department review the required alley widths and recommend a width that allows for necessary functions but encourages slower traffic speeds.

Section 1114.09 “Electric and Telephone Lines; Television Cables” requires that underground telephone lines and television cable shall be buried according to standards set forth by the appropriate utility company. The provisions are ambiguous as to whether the installation of such lines and cable is mandatory. To increase usability of the code and to modernize its regulations, we recommend clarifying

The pre-update Zoning Code received a score of negative-1.5. Many codes across the country score negatively; this score indicates there are some inequitable attributes in the Zoning Code with ample room for improvement

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that the installation of telephone lines and television cable is optional, but, if it is installed, it must be buried rather than suspended overhead.

Block Length Regulations May Encourage Unsafe Driving Speeds Section 1112.13 “Blocks” requires that no block exceeds 1,800 feet in length and that no block is shorter than 400 feet in length. Shorter blocks are beneficial in that they shorten the distance between stop signs, effectively slowing traffic in residential areas. Furthermore, they allow for pedestrians to cross at intersections that are closer together, which benefits pedestrian access and safety. We recommend reducing the minimum and maximum block lengths to improve pedestrian safety in neighborhoods.

Curb Regulations Do Not Consider Stormwater Best Management Practices Section 1114.03 “Street Construction” requires that streets be constructed with concrete curbs and gutters.

However, stormwater best management practices may suggest that curbless streets and bioswales be installed to manage stormwater effluent and encourage infiltration of stormwater into the ground. We recommend permitting curbless streets and bioswales where approved by the City Engineer.

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Street Lighting Requirements Do Not Specify Pedestrian Scale Fixtures The Subdivision Regulations require that the developer install street lighting fixtures. However, the Regulations fail to specify the form of the light fixtures. We recommend that the Subdivision Regulations specify the type of light fixtures for street lighting, ensuring that such fixtures are pedestrianoriented, do not cause glare that may impair the safety of elderly pedestrians, and protect the night sky from undue light pollution.

Furthermore, Section 1115.10 “Street Lighting” requires--we assume in error--that a “minimum of two street lights, one on each side of the house to be occupied, shall be installed and operational...” Surely, the Subdivision Regulations do not intend to require two street lights per house in a subdivision, an atypical amount of street lighting.

We recommend consulting with the engineering department and Ohio Edison to revise the street lighting regulation.

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EQUITY In this section, we will explore how the current Planning and Zoning Code’s regulations relate to equity by using a tool called an Equity Scorecard.

What is the Purpose of the Equity Scorecard?

The Equity Scorecard is intended to provide a “change of conditions” assessment over the course of the Zoning Code Update Project, where we perform an Equity Scorecard assessment on the existing Planning and Zoning Code and then, after the update to the code, perform a new Equity Scorecard assessment; the two scores can be compared to assess whether the Zoning Code Update Project likely improved equity outcomes.

4. Developing high-quality environments for people who are currently within a community and that are accessible to people who may one day choose to be part of the community.

Equity Score for the Pre-Update Zoning Code The extent of possible scores ranges from positive-10 (highest probability of equitable outcomes) to negative-10 (lowest probability of equitable outcomes). The preupdate Zoning Code received a score of negative-1.5. Many codes across the country score negatively; this score indicates there are some inequitable attributes in the Zoning Code with ample room for improvement.

But why do we focus on equity?

Zoning codes have historically been used—both intentionally and unintentionally—to separate populations of people based on race or wealth.

Equitable outcomes for zoning codes should include: 1. Increasing the community’s inclusivity.

2. Removing barriers to shared prosperity.

3. Supporting better health for the community.

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EQUITY SCORECARD (PRE-UPDATE) Category

Standard

Score Possible

At least one zone applies a maximum residential unit density standard Residential Unit Density

Lot Area

0.5

Minimum density requirement in at least one residential zone

1

Minimum required lot size 5,000 square feet or more in all residential zones

-1

Minimum required lot size under 5,000 square feet across multiple residential zones, if required

0.5

No minimum lot size in residential zones

1

0.5

Residential districts--with the exception of the PUD District-do not include maximum residential densities.

0.5

Sec. 1146.05 allows for lots as small as 4,000 square feet in the R-UD District.

-1

Sec. 1155.07 requires that dwellings meet or exceed floor area minimums, described as different thresholds depending on the type of dwelling (e.g., 1-story with basement, 1.5-story, etc.).

1

1

Residential districts--with the exception of the PUD District-do not include minimum residential unit sizes.

-1

Sec. 1150.10 and 1152.10 limit the heights of multi-household dwellings to 40 ft, 35 ft., and 75 ft., depending on the context.

Residential Unit Size

No minimum residential unit size

Heights (Multi-Unit Residential)

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Explanation

-1

No density maximum in any residential zone

At least one zone or districts requires a minimum residential unit size

Score Applied

Maximum height for multi-unit buildings

-1

No maximum height for multiunit buildings

1

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EQUITY SCORECARD (PRE-UPDATE) Category

Standard

Score Possible

More than half of commercial and/or mixed-use zones limit maximum heights

-1

More than half (but less than all) of commercial and/or mixed-use zones do not limit maximum heights

0.5

All commercial and/or mixeduse zone do not limit maximum heights

1

Multi-unit prohibited in all zones

-1

Score Applied

-1

-0.5

Multi-household dwellings are permitted only in the R-MHL District (Sec. 1150.02) and the R-MHH District (Sec. 1152.02).

Multi-household dwellings are conditionally permitted in the B-N District (Sec. 1156.04.D.)

-0.5

The code does not explicitly prohibit multiple principally permitted uses from being conducted simultaneously on one lot..

-1

The code does not mention accessory dwelling units.

Heights (Commercial/MixedUse)

Multi-Unit Residential (3+ Units)

Mixed-Use within Building

Accessory Dwelling Units (ADUs)

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Multi-unit permitted in some zones or only as conditional in some/all zones

-0.5

Multi-unit permitted by-right in 75% or more of all commercial zones

1

Multi-unit permitted by-right in all residential zones

1

Mixed-use building not permitted in any zone

-1

Mixed-use building permitted in only some zones

-0.5

Mixed-use building permitted in all zones

1

Accessory dwelling unit prohibited in all zones

-1

Accessory dwelling unit permitted in single-unit residential zones

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Explanation Sec. 1156.09 and 1162.10 (B-N and B-AO) limit heights to 25 ft. Sec. 1158.09 and 1160.09 (B-D and B-G) limit heights to 75 ft. Sec. 1163.08 (POD) limits heights to 35 ft. Sec. 1164.09, 1166.09, 1168.08, and 1170.04 (L-I, H-I, S-I, and TPD) limit heights to 40 ft.

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EQUITY SCORECARD (PRE-UPDATE) Category

Parking

Standard

Score Possible

Off-street parking minimum applies in any residential zone

-1

Off-street parking minimum applies in any commercial zone

-0.5

No off-street parking minimum in any residential zone

0.5

No off-street parking minimum in commercial zones

1

Score Applied

Explanation

-1

Sec. 1175.06: 2 parking spaces required per dwelling unit.

0

Chapter 1183 requires design review public hearings for most projects. Chapter 1184 requires Planning Commission review and public hearing for site development plans for all projects..

BONUS POINTS

Design Review

No design or architectural review public hearing process for residential buildings

0.5

Residential Occupancy Language

Does not use the term "family" or "unrelated"

0.5

0.5

The dwellings are generally treated as housing one household per unit, and household is not defined by the blood-marriage-adoption relationship between the members of the household..

Home Occupations

Permits home occupations

0.5

0.25

Home occupations are conditionally permitted in residential districts.

Childcare

Allows childcare within residential zones

0.5

0

Child day care centers are conditionally permitted in most residential districts.

Educational Facilities

Allows educational facilities in residential zones

0.5

0.5

Educational institutions are principally permitted in residential districts.

Assisted Living

Allows assisted living uses in residential zones

0.5

0.25

Group homes--not assisted living specifically--are permitted in most residential districts.

TOTAL EQUITY SCORE:

-1.5

Equity Scorecard Discussion This Equity Scorecard tool assumes that zoning provisions that induce scarcity result in greater costs of living, which impacts people, households, and business owners

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of lesser economic means. The Zoning Code uses the following mechanisms to induce scarcity: •

Limiting Residential Building.

Minimum lot areas, minimum lot widths, and maximum

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residential heights may reduce supply of homes or require larger lots for home development, which may prevent the typical household from being able to afford to buy or build a house.

•

•

Prohibiting Accessory Dwelling Units. Not expressly permitting accessory dwelling units may limit the availability of low-cost, low-utility-demanding options for single-person households and seniors.

•

Limiting Home Occupations.

The code allows home occupations only via a conditional use process, effectively reducing the likelihood of lawful home occupations, which are important routes for small businesses to enter the market and are critical streams of income for some households.

•

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Requiring Parking. Minimum parking requirements may increase the cost of constructing a home or starting a business, as it requires the landowner to dedicate areas of the lot to parking facilities, which cost money but, in most cases, do not contribute to private or public revenues. The increase in costs could limit the ability of some to enter the housing market or start or expand a business.

Restricting Day Cares in Residential Areas. The code does allow day care centers in

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residential areas, although they include conditions that make them impractical, including large minimum lot widths and lot areas. Day cares in residential areas may help households with children access childcare, in turn unlocking the ability of more adults to participate in the workforce and increase their household incomes.

•

Limiting Assisted Living Uses.

The code allows for group homes in many residential districts, but doesn’t expressly address assisted living facilities.

(Note that “nursing homes” are conditionally permitted uses in the R-MHL, R-MHH, and B-D Districts and are principally permitted in the B-G District.)

Assisted living uses, especially those in residential areas, support elderly households who desire to age in place with access to needed services, friends, and family.

On the other hand, the Zoning Code allows for equitable outcomes with the following mechanisms: •

Not Requiring Minimum Floor Areas. The code does not require a minimum floor area for dwellings, except in the PUD District, which allows for small, affordable units suitable for single-person households and seniors.

•

Permitting Multi-Household Dwelling Districts. Permitting

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multi-household dwellings by right in the R-MHL and R-MHH Districts allows for highdensity housing. Multi-unit dwellings represent a lower-cost opportunity for seniors to age in place and young families to save for a down payment on a singleunit dwelling. We recommend permitting multi-household dwellings in downtown Elyria.

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•

Permitting Mixed-Use Buildings. Mixed-use buildings are not expressly prohibited by the code. Mixed-use buildings may increase the number of dwellings in key areas where residents can enjoy and patronize local entertainment and retail businesses. We recommend expressly permitting mixed-use buildings in business districts.

•

Permitting Educational Facilities in Residential Areas.

The code allows educational institutions as principally permitted uses in most residential districts. Educational facilities near residential areas may allow for more members of a household (children and adults) to access educational opportunities without requiring long commutes, relying on personal vehicles, or adding to vehicular traffic. Coupled with access to childcare, walkable and bikeable access to educational facilities can help adults gain or increase skills that improve

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their household income, helping them better afford where they live.

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