tourist commercial zoning

Regional District of Okanagan-Similkameen

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Tourist Commercial Zone Update

As part of on-going work related to the preparation of a single Okanagan Valley Electoral Area Zoning Bylaw, the Regional District has been reviewing the various tourist commercial zones found in the South Okanagan Electoral Area zoning bylaws, the intent of these zones and the properties that they apply to.

Where duplication, significant overlap or redundancy of zonings is identified, the Regional District is proposing to delete, consolidate or to replace zone(s).  For instance, there are currently six (6) different Commercial Tourist Zones, as well as a variety of site specific zonings, that apply to approximately 64 different properties.

The Regional District considers that these zones can be reduced to core of three (3) main tourist commercial zones, being: Tourist Commercial (CT1), Campground Commercial (CT2) and Golf Course Commercial (CT3).  It is further being proposed that the commercial zonings for marinas and the Penticton Speedway be transitioned to tourist commercial (i.e. CT) zones as part of this Update.

In support of this review, the Regional District is also proposing to replace the current Campsite Bylaw No. 713, 1982, with an updated Campground Regulations Bylaw No. 2779 that will include:

updated definitions to be consistent with those used by the Regional District in other, more modern bylaws (i.e. zoning, fees and charges, bylaw enforcement, etc.);

updated application requirements and processing procedures consistent with those found in the Development Procedures Bylaw and Manufactured Home Park Regulations Bylaw;

the removal of provisions otherwise contained in the Electoral Area zoning bylaws (i.e. permitted uses, density, site area requirements, setbacks, etc.); and

modernised infrastructure and servicing requirements (i.e. roadways, access and parking, water systems, sewage disposal systems and storm water drainage); and

the removal of requirements that the Regional District does not impose on other providers of tourists accommodation (i.e. requirement to establish rates for each camping space, to record the “vehicle, licence identification, colour, make, type and year” of guests vehicles, etc.).

Public Consultation

Property owners of land currently zoned tourist commercial (i.e. CT1, CT2, CT3, CT4, CT5 & CT6) are being directly notified (as of May 11, 2018) of the proposed changes to their zoning and encouraged, along with any other interested members of the public to provide feedback by June 1, 2018 .

Additional information, including copies of the draft amendment bylaws, a Feedback Form and comparison tables of the proposed zoning changes can be found below along with status updates.

Should a public information meeting be scheduled in relation to these proposed changes; the date, time and location of such a meeting will be posted below.

Amendment Bylaw Status

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Chapter 17.34 TOURIST COMMERCIAL (C-T) ZONE

• 17.34.010 Purpose and application.
• 17.34.020 Development standards.
• 17.34.030 Additional regulations.

Zoning, tourism

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• First Online: 01 January 2015
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Zoning, as it is popularly conceived, is part of the toolkit of command and control planning. Regulatory frameworks using zoning are among the most applied methods for implementing development policies and plans and/or for protecting the natural and sociocultural environments of a community. In this context, zoning seeks to regulate land uses by separating them based on their incompatibility, or by allowing compatible uses to coexist together. Thus, this technique is used to divide a town, city, village, or rural area into separate residential, commercial, industrial, and/or multiple use subareas, with a view to preserving the desirable characteristics of each type of development and regulating its impact on the local environment.

Regulations generally prescribe limitations on development within a zone. Among other things, these may control building styles and layout, monitor the provision of service infrastructure, provide for public access and parking/loading areas, deal with visual...

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Baiquni, M. 2009 Belajar dari Pasang Surut Peradaban Borobudur dan Konsep Pengembangan Pariwisata Borobudur. Forum Geografi 23:25-40.

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Dredge, D., and J. Jenkins 2007 Tourism Planning and Policy. Sydney: Wiley.

Gunn, C., and T.Var 2002 Tourism Planning. New York: Routledge.

Kasterlak, B., and B. Barber 2012 Fundamentals of Planning and Developing Tourism. New York: Prentice Hall.

UNWTO 1993 Sustainable Tourism Development Guide for Local Planners. Madrid: World Tourism Organization.

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Graduate School of Asia Pacific Studies, Ritsumeikan Asia Pacific University, 1-1 Jumonjibaru, 874-8577, Beppu, Oita Prefecture, Japan

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School of Hotel and Tourism Management, The Hong Kong Polytechnic University, Hong Kong, Hong Kong SAR

Honggen Xiao

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Cooper, M. (2015). Zoning, tourism. In: Jafari, J., Xiao, H. (eds) Encyclopedia of Tourism. Springer, Cham. https://doi.org/10.1007/978-3-319-01669-6_226-1

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DOI : https://doi.org/10.1007/978-3-319-01669-6_226-1

Received : 20 January 2015

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Published : 24 September 2015

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Online ISBN : 978-3-319-01669-6

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Understanding Zoning Laws And Why It Matters In Commercial Real Estate

This post originally appeared on tBL Marketplace Partner member  The Massimo Group Blog and is republished with permission. Find out how to syndicate your content with theBrokerList.

Know the importance of zoning laws to make better and more sound real estate investment decisions

In this article:

Zoning Laws and Its Parameters

Types of zones, what does a zoning law regulate, the importance of zoning laws in commercial real estate.

Zoning laws : determine the types of structures you can build within specific areas, or “zones,” of a city. In some cases, they determine if existing structures may even be replaced with something new at all.

Sometimes referred to as land zoning, these laws specify the way the land in specific sections of the city can be used. Based on the land zoning codes, businesses coming into the community may need to be certain types of businesses, may face limited growth prospects, or may face other restrictions.

In some areas, neighbors, investors, developers, etc., can lobby to make changes to zoning laws that benefit them while being detrimental to those around them. In other words, it’s important to understand existing zoning laws relating to commercial real estate.

You also need to stay up-to-date with laws that are in the works or under discussion in your community as well.

The purpose of these laws is to protect the health and safety of communities while regulating the rate of growth within the community.

They regulate the types of building and construction that can take place in specific city zones. They also regulate the types of businesses that can be opened in specific zones.

Some cities, for instance, have zoning laws prohibiting alcohol sales or adult entertainment venues near school zones. The better you understand commercial real estate zoning laws in your community, the wiser the decisions you make about investing become.

Most cities have different zoning categories and special regulations for each type. They include:

• Agricultural zones
• Commercial zones
• Industrial zones
• Recreational zones
• Residential zones
• Rural zones

Some areas, or sections of the city, are designated as multiple use zones. This means some areas of the city may allow for both residential property use as well as commercial property use.

Zoning not only helps to control the rate of growth in the city and the types of businesses and properties that come into particular areas of town, it also helps to ensure that there is sufficient infrastructure within the city to support the growth.

This includes things like:

• Waste management resources

Zoning boards often operate under the premise that if cities grow too fast, they cannot sustain or manage growth and the opposite can occur – crime rises, it becomes untenable and people leave the city. Zoning laws aim to prevent these types of things from happening.

RELATED:  Commercial Real Estate Sale And Purchase Agreement | Everything You Need To Know

Zoning laws regulate different things in different communities. In some modern communities that are largely residential and upscale, zoning laws may regulate any or all of the following:

• Off-street parking requirements for residential and commercial properties
• Air quality restrictions
• Noise levels
• Locations of utility lines
• Number of rooms in buildings
• Waste management
• Building appearance (height, square footage, facades, colors, etc.)
• Business signage regulations (many areas regulate the types of signs you can use, placement of signs, appearance of signs, and even may regulate the use of foreign languages in signage)
• Number of like businesses within the zone
• Whether your business can install outdoor seating

Existing businesses within a community are often exempt from new zoning laws. However, if you plan to open a new business in a space formerly occupied by another business, the zoning code will apply to your venture.

This means you need to be aware of where your commercial real estate property lies on the zoning map and what that means for you if you open a business in that location. Make sure you’re aware of the zoning laws in the specific area where you plan to open your business before buying a property or signing a lease.

In a perfect world, zoning laws exist to make life in cities and townships throughout the country better. They help to support certain living standards, to keep communities beautiful, and to ensure there are sufficient services to meet the current and growing needs of the people who live and work within the community.

While there are no such things as perfect zoning laws, and they can be enormous hassles for new businesses coming into these communities, the laws, by and large, do accomplish their goals of creating sustainable growth. The kind that helps to continuously bring in new businesses and new residents to contribute to the community for everyone.

That is why it is essential for businesses interested in purchasing or leasing commercial real estate to stay abreast of how those laws affect your investments.

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Osceola to change future land use in Four…

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Osceola to change future land use in four corners area to tourist commercial, opening up to higher density.

Osceola County’s planning staff is recommending the county designate a huge swath of land in the Four Corners area along the Polk County line as an extension of its West 192 tourism corridor.

The county’s Development Review Committee will consider a large-scale Comprehensive Plan Amendment (CPA) for 3,417 acres to change the future land use from Mixed Use to Tourist Commercial, which allows higher density development and puts a greater emphasis on vacation rentals, timeshares and hotels. The land use and Tourist Commercial zoning also permit theme parks, themed restaurants and other uses that promote tourism.

“It’s not specific to vacation rentals, but it is specific to the fact that we’re seeing a continuation of those uses on that corridor,” Osceola County Planning Director Kerry Godwin told GrowthSpotter. “The obvious thing is we’re really not seeing a lot of multi-family in that corridor.”

A Tourist Commercial designation allows up to 40 residential units per acre, compared to 25 per acre under Mixed Use. The county estimates that given current market conditions, the proposed CPA could increase the potential density by more than 4,000 units – and that doesn’t include the two developments of regional impact (DRIs) that bookend the district. Those DRIs make up 40 percent of the total acreage involved.

Stoneybrook South is already being developed and marketed by Lennar Homes as an extension of the ChampionsGate resort. And the north end of the district includes the Westside DRI, which is being rescinded but is already vested for nearly 3,300 homes.

In between lie 2,050 acres of mostly undeveloped land linked by Westside Boulevard. The district includes the site of the Four Corners Charter School , the Bahama Bay condominium community, future site of Osceola’s first Crystal Lagoon resort , and Pulte Homes’ Windsor at Westside , a luxury vacation home community.

Jay Wells , a real estate agent who specializes in Disney-area vacation home sales, said there is already huge demand for vacation homes in the Four Corners area, and he expects it to grow. “I will say if you’re going to build a vacation home community, amenities are key,” he said.

Windsor at Westside, for example, features a clubhouse with restaurant, fitness center, resort pool and lazy river. The community, which features everything from town homes to luxury vacation homes, is almost completely sold out.

“There seems to be a larger demand for the homes with eight and nine bedrooms,” Wells said. “That’s what I’m selling right now. I think they could continue to build there, and vacationers would continue to stay there.”

He said another key selling point is if the community is gated – a feature that is typically discouraged in mixed use design.

Osceola County has three other Mixed Use districts within its urban growth boundary: South Lake Toho district, East of Lake Toho district and the Northeast district.

Godwin said the district in Four Corners has always been “disconnected” from the others. In addition, the large amount of wetlands in the undeveloped parcels would not allow for the typical street connectivity required for mixed use development.

“Those properties, the way they’re situated, mixed use really did not help the development of those parcels,” Godwin said.

In her staff report, project manager Cori Carpenter wrote that Tourist Commercial land use is better suited to the area because it protects the wetlands while allowing for more flexibility in site plan design as well as greater densities and intensities.

Amendments of this scale typically go to the DRC twice before advancing to the county’s planning commission and, finally, Board of Commissioners. If approved locally, the county would transmit the amendment to the Florida Department of Economic Opportunity for the final approval.

Have a tip about Central Florida development? Contact me at [email protected] or (407)420-6261, or tweet me at @LKinslerOGrowth . Follow GrowthSpotter on Facebook , Twitter and LinkedIn .

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The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings. Zoning provides guidelines for setbacks, height of structures, lot sizes, lot coverage, parking and other requirements. Zoning also regulates the types of land uses permitted on a property.

The purpose of Zoning is to:

• Protect health, safety and welfare of the public
• Ensure the orderly, manageable, and predictable growth of the city
• Assist with the implementation of community planning goals
• Separate conflicting land uses
• Regulate land uses to achieve and maximize public benefits

General Zoning Information

PLEASE NOTE THAT THE ZONING REVIEW ROOM WILL BE CLOSED FROM 9–10:30 AM ON THE SECOND TUESDAY OF EACH MONTH FOR STAFF TRAINING.

  The Zoning Code regulates the type of activity that may occur within specific geographic areas of the city. By extension, zoning laws determine the placement of structures on a given site. While there are subcategories, land uses can be grouped under 3 general categories: residential, commercial and industrial. More detailed information on zoning code and districts can be found online at  City of Columbus Zoning Code . Zoning Staff performs zoning clearance reviews and coordinates the rezoning and zoning variance processes. The Zoning Section consists of the following 3 units:

CODE DEVELOPMENT

Responsible for researching, maintaining and updating the City of Columbus Zoning Code  as well as handling various special projects and research requests.

ZONING CLEARANCE

Responsible for ensuring that all development and redevelopment is in compliance with the zoning code. A certificate of zoning clearance is required prior to the construction or alteration of any building or structureas well as a change, modification or establishment of a use.

PUBLIC HEARING

Coordinates the public processes established by the zoning code that enable property owners and developers to modify or change the zoning of a tract of land. There are 4 types of public hearing processes related to zoning. Please see the  Development Guide  for details: * Rezoning (pgs. 15-17) *Council Variance (pgs. 18-19) *Board of Zoning Adjustment (pgs. 20-22) *Graphics Commission (pgs. 20-22)

Zoning Clearance

It is required and should be obtained prior to the construction or alteration of any building or structure. The establishment, change or modification in the use of any building, structure or land, as well as the grading, excavating or filling of land. Zoning clearance is often performed in conjunction with the plan review process for building permits and is one of the regulatory agencies that participate in the One Stop Shop plan-review process. CERTIFICATES OF APPROPRIATENESS/APPROVAL Some properties lie within historic districts or within overlays or special zoning districts that require approval for improvements or changes to the exterior of a building or property. Most of these processes are coordinated by the Historic Preservation Office or Urban Design Office in the Development Department's  Division of Planning  or email  [email protected] . 

EXPANSIONS OF DRIVEWAYS & PARKING AREAS The Zoning Code limits the location of where additional parking can be added. Therefore, Zoning Clearance is required to expand a driveway or parking pad. For additional information, please see  Driveway and Parking Pad Guidelines .

CUSTOMER INQUIRIES Because zoning clearance is required for many projects, staff is available for consultation at the Building and Zoning Services Customer Service Center at 111 N Front Street during its regular hours of business. Alternatively, you can request information and seek consultation by e-mail at  [email protected]  .

Zoning Variances and Rezoning

• Active Application Tracker
• Board of Zoning Adjustment
• Council Variance
• Development Commission
• Graphic Commission
• Rezoning and Variance Case Log
• Zoning Forms

Zoning Terms & FAQ

The following is a list of frequently used Zoning terms and associated definitions.

Architectural review commission  When used without clarification means the historic resources commission created by Chapter 3117, C.C., or an architectural review commission created by Chapter 3319 to Chapter 3331, C.C., inclusive, and having jurisdiction over the application.  Area commission  Established to afford additional voluntary citizen participation in decision-making in an advisory capacity and to facilitate communication, understanding and cooperation between neighborhood groups, city officials and developers.  Board of Zoning Adjustment (BZA)  Hears and decides appeals from any persons affected by any order, requirement, decision or determination made by the director in the administration or enforcement of the Zoning Code except for those matters subject to the jurisdiction of the graphics commission or the board of commission appeals. The board shall also hear and decide requests for special permits and variances (except for those under the jurisdiction of City Council, the Graphics Commission or the Board of Commission Appeals) and any other matter upon which it is required to pass under the Zoning Code.  Certificate of Appropriateness (C of A) Issued by the Architectural Review or Historic Resources Commission to an applicant stating that the proposed construction, alteration or demolition of a structure, architectural feature or listed property pursuant to the application filed is appropriate under the terms of the chapter of the Zoning Code, consistent with the architectural characteristics, guidelines and standards affecting same or due to unusual and compelling circumstances or substantial economic hardship does not require such consistency and that, therefore, a permit can be issued. Change of Use [zoning]  Any alteration in the use of a lot for zoning purposes which may entail the need for additional parking or loading facilities.  Columbus Graphics Commission  The duties of the graphics commission:

• Hear and decide all requests, except as provided for in C.C. 3359, for appeals or variances from the application of this Graphics Code
• Hear and decide all requests, except as provided for in C.C. 3359, for special permits where required by this Graphics Code
• Hear and decide all requests, except as provided for in C.C. 3359, for approval of a graphics plan and any other action required by this Graphics Code to be heard by the graphics commission
• Review, except as provided for in C.C. 3359, special graphics control area design criteria and standards proposed for adoption and to make a recommendation to city council
• Serve as a board of appeals from rulings or procedures of the board of examiners of general and limited sign erectors
• Review the existing Graphics Code and propose new legislation to be prepared by the department
• Review all pending legislation pertaining to graphics and make recommendations to city council
• Recommend changes to the City Codes pertaining to graphics

Condominium  A building or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.  Council variance  A variance to allow a use that is not permitted by the underlying zoning district. City Council may also consider variances to yard, height and parking only if in conjunction with a use variance or a rezoning.  CZO  Chief Zoning Official  Development Commission  And advisory body to the administration and to City Council in matters related to zoning code changes, rezoning applications and various planning initiatives.  Dwelling  A structure or portion thereof that is used exclusively for human habitation. 

Dwelling unit  A single, self-contained unit providing independent living facilities for one or more individuals that contains eating, living, sanitary and sleeping areas in addition to a cooking facility, all for exclusive use by the occupants. This definition does not apply to units in dormitories, homeless shelters, hotels, motels or other buildings designed for transients. 

Easement  Grant of one or more property rights by the property owner for use by the public, a corporation, or another person of entity.  Flood Plain (also special flood hazard area)  A river or other watercourse and its adjacent area subject to inundation by the "base flood." A "Special Flood Hazard Area" is also known as a "flood plain" or "100-year flood plain" and is composed of the "floodway" and the "floodway fringe." Special Flood Hazard Areas are designated by the Federal Emergency Management Agency as either Zone A, AE, AH, AO, A1-30, or A99.  Frontage  Side of a lot abutting on a street; the front lot line.  Graphic  Any communication designed to be seen from any public place utilizing letters, words, numbers, symbols, pictures, color, illumination, geometric or irregular shapes or planes, in whole or part, including all structural components. The term graphic specifically includes the terms sign, architectural decoration, mural, sculpture, show window display, outline lighting and banner.  Nonconforming building  A building which was erected legally but which does not comply with subsequently enacted zoning regulations for the district in which it is located.  Nonconforming graphic  A graphic which was erected legally but which does not comply with subsequently enacted provisions of the Graphics Code. Nonconforming use  A use which was initiated legally but which does not comply with subsequently enacted regulations of the use district in which it is situated.  Lot  A parcel of land occupied or designed to be occupied as a unit by a building, apartment complex, multiple dwelling development or commercial complex and the accessory buildings or uses customarily incident to it, if any, including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such building or buildings. Such lots shall be of record in the appropriate county recorder's office.  Parcel  A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.  Plat  A map or site plan of all or a portion of a subdivision showing the boundaries and location of individual properties and streets.  Rezoning  A change of the zoning classification of particular lots or parcels of land. Rezoning is also known as "amending the zoning map" and can be approved only in ordinance form by City Council after receiving a recommendation at a public hearing of the Development Commission.  Right-of-Way A general term denoting land, property or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, right of way includes the roadway, shoulders or berm, ditch and slopes extending to the right-of-way limits under the control of the state or local authority.  Setback  The minimum distance of a specified physical feature from a property line or street right-of-way. The minimum setbacks in a zoning ordinance may define the building envelope and establish the required yards-front, rear, and side. The zoning ordinance also indicates what may be permitted in which yards: parking, fences, accessory buildings, patios, etc.  Special Permit  Required by the Board of Zoning Adjustment for specified uses due to unique characteristics relative to location, design, size, operation, circulation or need for public services and to provide supplemental criteria.  Variance  Permission to depart from the literal requirements of a zoning code.  Zoning  Delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.  Zoning Clearance  Determination that an application is in conformity with the provisions of the Zoning Code or as permitted by a variance, special permit or decision from an appeal. A "certificate of zoning clearance" is required and shall be obtained prior to the construction or alteration of any building or structure. The establishment, change or modification in the use of any building, structure or land, or the grading, excavating or filling of land. 

Zoning Confirmation Letters

A zoning confirmation letter will only confirm the current zoning of a property and provide reference to the applicable controlling zoning code section or city ordinance. A zoning confirmation letter is not a rebuild letter. The City of Columbus cannot issue rebuild letters as these are a matter of legal interpretation of city code for consideration by private counsel .

To increase efficiency in the intake process, zoning confirmation letters may be submitted online through Citizen Access Portal (https://portal.columbus.gov). To learn how to submit a zoning confirmation letter online, please visit   How to Request a Zoning Confirmation Letter .  

NOTE: THIS IS NOT FOR ZONING CLEARANCE PROJECTS

As part of the application, you will need to submit a written request that includes the property's parcel identification number(s), street address, and the name, email address and mailing address of the requester.

Multiple parcels may be included in one letter request, but all parcels must be contiguous, and a parcel list must be submitted with the request. Parcels immediately adjacent to each other or separated by a public street or alley shall be considered as contiguous to each other. Noncontiguous parcels will be treated as separate applications.

The minimum fee for this service is $100.00 per letter .  Additional fees may apply. You will be contacted by our office when your application has been accepted and the fee has been invoiced. The fee must be paid before the letter will be completed. 

Zoning confirmation letters may also be submitted via US mail and  must be paid in advance :

Requests and prepayments should be mailed to Zoning Letters, Building and Zoning Services, 111 N. Front Street, Columbus, OH 43215.  All checks should be made payable to the Columbus City Treasurer. Please note that we do not accept emailed requests for zoning confirmation letters.

Requests are completed in the order that they are received.

Additional information A response to questions of a property's current compliance with existing building and zoning regulations requires submission of a Building Permit Application and current site plan accompanied by sealed drawings by an architect or engineer and the associated fees. If you have questions or need assistance, please call 614-645-8637 to speak with a Zoning team member or you may email [email protected] . For a property record search for any outstanding code violations, certificate of occupancy, or copies of building permits contact  [email protected]  or (614) 645-6082 for fees and specific requirements.

Driveway and Parking Pad Information

Frequently Asked Questions

Zoning Inquiries (614) 645-8637 [email protected]

Rezoning and Variances (Zoning Public Hearings) (614) 645-4522

Section Managers

Chief Zoning Official Shannon Pine  

Commercial Zoning Clearance Nick Bezanson, Manager

Residential Zoning Clearance Christine Palmer, Manager

Public Hearings - BZA and Graphics Jamie Freise, Manager

Public Hearings - Rezoning and Council Variances Tim Dietrich, Manager

Related Links

Zoning Code

Online Zoning Map

BZS Fee Schedule

Franklin County Auditor

Delaware County Auditor

Fairfield County Auditor

Citizen Access

Chapter 20.63 TOURIST COMMERCIAL (TC) DISTRICT

20.63.010    Purpose.

20.63.050    Permitted uses.

20.63.100    Accessory uses.

20.63.150    Conditional uses.

20.63.200    Prohibited uses.

20.63.250    Minimum and maximum lot size.

20.63.255    Minimum lot frontage.

20.63.300    Maximum density.

20.63.350    Building setbacks.

20.63.400    Height limitations.

20.63.450    Lot coverage.

20.63.500    Open space.

20.63.550    Buffer area. (Adopted by reference in WCCP Chapter 2.)

20.63.600    Sign regulations.

20.63.650    Development criteria.

20.63.651    Facility design.

20.63.652    Landscaping.

20.63.653    Off-street parking and loading.

20.63.654    Drainage.

20.63.655    Driveways.

20.63.656    Access.

20.63.657    Lighting.

20.63.658    Binding site plan.

20.63.700    Performance standards.

20.63.010 Purpose.

The purpose of the Tourist Commercial District is to supply sufficient areas arranged in a concentrated form that would allow land use activities which serve the traveling public. The district shall be located and implemented consistent with the goals, objectives and policies of the Comprehensive Plan. The district should be located near major transportation corridors in such a fashion as to provide safe and convenient access that would not impact adjacent noncommercial activities. Further, the district should be in areas where adequate public services such as roads, sewer, water and drainage are available. The district should provide for uses which normally serve the traveling public and encourage a type of development which occurs in a well-designed pattern considering aesthetics and safety. This district may be located in an urban growth area, rural community, rural tourism or rural business area as designated in the Comprehensive Plan. If located in a rural tourism area, the uses in the district shall rely on the rural location and setting, and provide recreation and tourist uses that are small in scale, and compatible with existing uses and intensities. New development or redevelopment in a TC District located in a rural community designation is limited to that which is consistent with the character of the area on July 1, 1990, in terms of building size, scale, use, or intensity. New development in a rural tourism designation must be consistent with the Comprehensive Plan’s policies governing uses in rural tourism areas. New development in a rural business designation is limited to isolated small-scale businesses. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-043 Exh. A, 2011; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 98-083 Exh. A § 51, 1998).

20.63.050 Permitted uses.

The following permitted and accessory uses shall be allowed subject to an evaluation by the zoning administrator pursuant to the provisions of this chapter and Chapter 20.80 WCC. In a rural community designation, nonresidential uses listed below are permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100 (1). Residential type uses listed below are permitted in rural community and rural business designations. In a rural tourism designation, uses below are permitted provided they are consistent with the Comprehensive Plan’s policies governing uses in rural tourism areas. In a rural business designation all uses are permitted.

.051  Retail and office type uses.

(1) Retail shops no greater than 2,500 square feet in size per shop.

(2) Tourist information centers.

(3) Barber and beauty shops.

(4) Professional offices no greater than 2,500 square feet in size per shop.

(5) Service stations and towing services when based at a service station.

(6) Laundromats.

(7) Banks and/or bank machines.

(8) Indoor commercial recreation facilities.

(9) Day care centers.

.053  Restaurant/lodging type uses.

(1) Restaurants.

(2) Hotels and motels.

.054  Residential type uses.

(1) Boarding homes that are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

.055  Public and community type uses.

(1) Post offices.

(2) Churches.

(3) Public parks and recreation facilities included in an adopted city or county Comprehensive Plan or Park Plan.

(4) Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.

(5) Activity centers.

(6) Adult family homes as defined in Chapter 70.128 RCW.

(7) Mental health facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district.

(8) Substance abuse facilities that provide residential treatment and are similar in size, facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 88-28, 1988; Ord. 87-51, 1987; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.63.100 Accessory uses.

.101  One residential unit for owner-manager or caretaker when part of a building in which the primary use is located.

.102  Uses incidental to the primary permitted uses.

.103  On-site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses subject to the most current siting criteria under Chapter 173-303 WAC.

.104  Day care homes.

.105  Electric vehicle charging stations and battery exchange facilities.

.106  One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building shall contain no indoor plumbing but may be served with electrical power for lighting. (Ord. 2023-078 § 1 (Exh. A § 9), 2023; Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 2016-011 § 1 (Exh. D), 2016; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2012-001 § 1 (Exh. A), 2012; Ord. 2010-030 § 1 (Exh. A), 2010; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 89-10, 1989; Ord. 88-29, 1988).

20.63.150 Conditional uses.

In a rural community designation, uses listed below may be conditionally permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100 (1). In a rural tourism designation, uses below may be conditionally permitted provided they are consistent with the Comprehensive Plan’s policies governing uses in rural tourism areas. In a rural business designation all uses listed below may be conditionally permitted.

Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable provisions of this chapter, Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 WCC (Project Permit Procedures).

.151  Retail and office type uses.

(1) Dry cleaners.

.152  Automotive and equipment repair type uses.

(1) Automobile repair garages.

.153  Restaurant/lodging type uses.

(1) Campgrounds and recreational vehicle parks. See WCC 20.80.950 for mobile home and recreational vehicle park standards.

.154  Recreational type uses.

(1) Outdoor recreation facilities, athletic fields and public or private parks not included in an adopted city or county Comprehensive Plan or Park Plan.

(2) Trailheads with parking areas for more than 30 vehicles.

.155  Public and community type uses.

(1) Public uses which, because of locational requirements, are necessary in the Tourist Commercial District; provided, the uses are consistent with Tourist Commercial policies, the purpose of the district and its attendant provisions.

(2) Type I solid waste handling facilities.

.156  Other uses.

(1) Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be processed as a major development project pursuant to Chapter 20.88 WCC. (Ord. 2017-030 § 1 (Exh. J), 2017; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2005-068 § 2, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 88-28, 1988; Ord. 87-51, 1987; Ord. 85-13, 1985).

20.63.200 Prohibited uses.

All uses not listed as permitted, accessory, or conditional uses are prohibited, including but not limited to the following, which are listed here for purposes of clarity:

.201  Reserved.

.202  Adult businesses.

.203  Aerial application of chemicals, including but not limited to pesticides and insecticides, previously regulated by the DNR as Class I, II, III or IV-Special forest practices, when located within an urban growth area.

.204  Slash burning, when located within an urban growth area. (Ord. 2022-035 Exh. A, 2022; Ord. 2016-011 § 1 (Exh. L), 2016; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 99-070 § 2, 1999).

20.63.250 Minimum and maximum lot size.

.251  Hotels and motels shall have a minimum net parcel size of 20,000 square feet.

.252  Other uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of this district.

.253  Uses in the rural tourism designation shall be located on lots not larger than 20 acres. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 88-28, 1988).

20.63.255 Minimum lot frontage.

For the purpose of dividing property, minimum lot frontage shall be sufficient to provide adequate access and utility development, and meet applicable building setback, buffer, open space and development standards of the district. In no case shall the frontage be less than 30 feet. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 99-045 § 1, 1999).

20.63.300 Maximum density.

.301  Hotels and motels shall not exceed a floor area ratio (FAR) of .60.

.302  Recreational vehicle parks shall not exceed a density of 15 units per acre.

.303  All other uses shall not exceed a floor area ratio (FAR) of .70. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.350 Building setbacks.

Building setbacks shall be administered pursuant to WCC 20.63.550 and 20.80.200 . (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 96-056 Att. A § N1, 1996).

20.63.400 Height limitations.

Maximum building height shall not exceed 40 feet. Height of structures shall also conform to, where applicable, the general requirements of WCC 20.80.675 . (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.450 Lot coverage.

.451  On a lot in a rural community designation, combined floor area of all buildings shall not exceed that of a use of the same type that existed on a lot in that same rural community designation on July 1, 1990, per WCC 20.80.100 (1) except as provided in WCC 20.80.100 (2).

.452  In a rural business designation, building or structural coverage of a lot shall not exceed 40 percent of the total area. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.500 Open space.

.501  Recreational vehicle parks shall keep 35 percent of the site free of buildings, structures, hard surfacing, parking areas and other impervious surfaces.

.502  All other uses shall keep 10 percent of the site free of buildings, structures, hard surfacing, parking areas and impervious surfaces. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.550 Buffer area. (Adopted by reference in WCCP Chapter 2.)

.551  When parcels situated within this district adjoin an Agriculture, Urban Residential, Urban Residential Medium Density, Rural or Residential Rural District, side and rear yard setbacks shall be increased to 25 feet along the property line(s) adjacent to the named districts. Unless adjoining an Agriculture Zoning District, said area shall be landscaped consistent with the requirements of WCC 20.80.345 . (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 96-056 Att. A § N1, 1996; Ord. 89-117, 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).

20.63.600 Sign regulations.

Sign regulations shall be administered pursuant to WCC 20.80.400 . (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.650 Development criteria.

(Ord. 2012-032 § 2 Exh. B, 2012; Ord. 96-056 Att. A § A1, 1996).

20.63.651 Facility design.

Individual developments within a Tourist Commercial Zone District shall be designed to accommodate additional commercial development on adjacent property in an integrated manner. Consistent architectural treatment is encouraged. Each development shall screen roof-mounted mechanical equipment so as not to be visible by surrounding uses or roads.

Design of the proposed use in the Tourist Commercial Zone District outside of urban growth areas shall be consistent with the Comprehensive Plan rural land use chapter. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011).

20.63.652 Landscaping.

Refer to WCC 20.80.300 for landscaping requirements. (Ord. 2012-032 § 2 Exh. B, 2012; Ord. 89-117, 1989).

20.63.653 Off-street parking and loading.

Off-street parking and loading shall be administered pursuant to WCC 20.80.500 . (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.654 Drainage.

All development activities are subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635 . No project permit shall be issued prior to meeting those requirements. (Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 2017-045 § 1 (Exh. A), 2017; Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 96-056 Att. A § A2, 1996; Ord. 94-022, 1994).

20.63.655 Driveways.

Consistent with WCC 20.80.640 , driveway plans shall be reviewed by the county engineer or State Department of Transportation. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2012-032 § 2 Exh. B, 2012).

20.63.656 Access.

Access shall conform to the provisions of WCC 20.80.565 . (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.657 Lighting.

Lighting shall be designed to avoid excessive glare onto neighboring properties, and to not create safety hazards or unreasonable interference with adjacent uses. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.658 Binding site plan.

Should the commercial use be developed as part of a binding site plan, it shall be administered pursuant to WCC Title 21 (Land Division Regulations) and additional requirements, as applicable. (Ord. 2012-032 § 2 Exh. B, 2012).

20.63.700 Performance standards.

The following provisions shall apply to all uses within this district:

.701  There shall be no storage or handling of hazardous, explosive, highly flammable materials which would cause fire, explosion or safety hazards, except the storage and dispensing of gasoline in service stations.

.702  There shall be no production of noise at any property line of any use in this district in excess of the average intensity of street and traffic noise found in the district.

.703  There shall be no emission of dust, dirt, odors, smoke, or toxic gases and fumes.

.704  There shall be no production of heat, glare or vibration perceptible from any property line of the premises upon which such heat, glare or vibration is being generated.

.705  Proposed development or redevelopment in Tourist Commercial Zone Districts located within a rural community designation will be consistent with the character of the area on July 1, 1990, in terms of building size, scale, use, or intensity, per WCC 20.80.100 (1), except as provided in WCC 20.80.100 (2). In a rural tourist designation, development or redevelopment shall be consistent with the Comprehensive Plan policies for that designation. In a rural business designation, the maximum allowable floor area is 7,000 square feet per building except as provided in WCC 20.80.100 (3) and (4). (Ord. 2017-030 § 1 (Exh. G), 2017; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 84-38, 1984).

Commercial Zoning Laws 101

By John Viscounty

Zoning laws affect almost every facet of commercial real estate. They determine how a particular property can be used, what modifications or additions can be made to a building, and more. Without an understanding of zoning laws, you risk creating future issues for your business. In this article, you will learn the basics of zoning laws.

The History of Zoning Laws The concept of zoning was first introduced around 1916 in New York City in response to the construction of a 40-story office building named the Equitable Building. Complaints began from neighboring buildings as light was blocked and air flow limited. To prevent similar issues, lawmakers formulated a set of restrictions for all projects and business uses moving forward.

The idea caught on quickly, and by 1924 the rest of the country had adopted the idea of zoning laws as a means of balancing the needs of each community. A residential neighborhood no longer had to worry about a factory operation affecting their way of life. Similarly, commercial projects were able to expand without the concern of residential neighborhood standards.

Why is Zoning Important? Zoning laws create a balance within a community. Jobs are created with commercial buildings, but only if residents have peaceful neighborhoods to return home to. Knowing that homes are protected from the potential invasion of businesses also helps to ensure property values. Values are further protected by the ability of zoning laws to enforce uniform lots and buildings to create symmetry. Zoning laws take into consideration the need for recreational areas, agricultural zones and preserve natural ecosystems. Zoning laws keep areas looking clean, property values high and businesses from infiltrating citizens’ way of life.

What are Zoning Ordinances? Zoning ordinances are the laws put into effect by a local government that regulate future development within an area. Each area creates its own zoning map, which is broken into sections called zoning districts. These districts are typically labeled Residential, Commercial, Industrial, Manufacturing, etc. There are also sub-districts (R1, R2, R3, C1, C2, etc.) that specify even further. The maps are created to offer a picture of how the city or town will be laid out and what each parcel of land will be used for. A residential district will only allow for residences to be built there. Within that district, there may be sub-districts solely intended for one-story, single-family homes, multi-family living or even trailer homes.

Understanding Common Zoning Terminology Within the realm of zoning ordinances lies the ability to establish standards of development within a given area. Governing authorities can outline regulations that will determine how tall a building can be on a given lot, how much parking it may offer, required setbacks, lot sizes and more. When researching zoning ordinances, there are a few terms you are likely to come across:

• Building Height: The maximum height a building may be from the average ground level to the tallest point on the structure.
• Easements: Any space on a property that may be legally used for another specific purpose, such as the placement of underground water or utility lines.
• FAR (Floor Area Ratio): The maximum percentage of floor area a building may have (including all levels) in relation to the area of the lot.
• Building Coverage: The maximum amount of space the actual structure may take up on the lot.
• LCR (Lot Coverage Ratio): The maximum percentage of a lot that can be covered by both the structure and the pavement.
• Setbacks: The pre-determined space that a structure must have between its exterior walls and the lot lines.

What are Zoning Variances? Occasionally, zoning ordinances may be challenged if they are causing a hardship for a property owner. Grievances will be put before a review board who will determine whether it makes sense to make an exception to the ordinance on a case-by-case basis. These typically occur in one of two categories. Area variances (referring to a hardship created by the odd shape or orientation of a lot) or use variances (referring to a special request for a lot to be considered for a use outside of its predetermined district).

Having some understanding of zoning laws – why they exist, who they benefit, and more – is crucial when determining your next business location. For more information on commercial zoning laws or for any commercial real estate needs, please feel free to contact me.

10.10 - C10 - Tourist Commercial

The purpose is to designate and preserve land for the development of destination commercial visitor accommodation.  Click on the button to the right to view PDF file.

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18A.10.020 List of Zone Classifications.

Zone classifications are grouped into Urban and Rural and Resource Classifications based on their locations inside or outside of an urban growth boundary. See the Table below for a list of zone classifications and their symbols. Zone classifications identified with an asterisk were created through the implementation of a community(ies) plan. These classifications may be applied only to parcels within the jurisdiction of a community(ies) plan, adopted after August 1999, which specifically allows such classifications. Descriptions and purposes can be found in PCC 18A.10.080 , Urban Zone Classifications, and 18A.10.090, Rural and Resource Zone Classifications.

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Narayan is a content writer for Kukun. With experience in both content writing and editing, Narayan mixes his writing and love for reading with his passion for music. As an active musician, He aims to be a key player in Kukun's content experience.

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Is Hard Rock Hotel still planning a Downtown Memphis location? | Know Your 901

What do you want to know about Memphis?

Know Your 901 is an initiative  launched by the know-it-alls at The Commercial Appeal that will seek to answer your questions about the Bluff City and the Greater Memphis region.

Readers, we want your queries and your input! All subject matter is welcome: Culture, art, history, geography, celebrity, TV, music, food, and et cetera. Send your questions to [email protected]  and we will try to give you an answer in a future column.

Today's column asks:

Is the Hard Rock Hotel still happening Downtown?

Ultimately, it's unlikely. The initial story of Hard Rock Hotel coming to Memphis dates back to 2014. The plan was then to build a hotel on top of the existing Hard Rock Cafe at 126 Beale St.

Those plans ultimately evolved and migrated farther south on Beale Street. In April 2022, a zoning permit was filed with the Memphis and Shelby County Division of Planning and Development for a potential Hard Rock Hotel at the Jerry Lee Lewis' Cafe and Honky Tonk site.

DOWNTOWN MEMPHIS: Hard Rock Cafe to be filled with music again after Beale Street site sold. What's planned?

That permit outlined a 2.071-acre lot along Beale Street, the lot included Jerry Lee Lewis' cafe, Coyote Ugly Saloon, W.C. Handy Home and Museum, Memphis Police Department's Beale Street Station, Twelve Bar and the New Daisy Theatre. (At the time, the New Daisy was still closed, it has since announced it would be reopening .)

In April 2022, the interest and possibility of Hard Rock Hotel coming to Memphis were still very much alive.

With the closure and sale of the Hard Rock Cafe , it appears that intrigue has also dwindled. In June 2023, Hard Rock Cafe announced it would be closing and laying off 52 employees . The Hard Rock Cafe and Hard Rock Hotel entities operate independently under the Hard Rock International company.

No further movement or permits have been filed for a Hard Rock Hotel since 2022. Very little comment has surfaced on the record regarding the franchise and its interest in Memphis, both locally and from the company itself.

Hard Rock Hotel did not respond to a request for comment for this story, while Memphis Tourism declined to comment.

Neil Strebig is a journalist with The Commercial Appeal. He can be reached at  [email protected] , 901-426-0679 or via X:   @neilStrebig .

Maui fires caused countless dollars in damage. Now, Hawaii lawmakers grapple with the bill

The good news: Hawaii's House and Senate leaders hammered out an agreement on the draft of the state budget bill costing $19.2 billion for the fiscal year 2024-2025 this week. But lawmakers are racing against the clock to pass crucial legislation including the ongoing costs of Maui's wildfire response and how to best tackle AI-generated political ads by next Friday, May 3

Nearly 300 bills remain in conference committees, with less than half receiving hearings. These committees, comprising members from both the House and Senate, are tasked with reconciling differences on bills that passed both chambers but with varying amendments.

But which bills are among the most pressing, and what could they mean for Hawaii’s future? 

Hawaii’s state budget is a top priority

The Aloha State legislators appear to have reached a tentative agreement that adjusts the previously approved budget for fiscal year 2023 to cover new expenses, such as disaster recovery costs related to the Maui wildfires last August which resulted in 101 deaths and nearly $6 billion in damages . The budget doesn’t include the initially suggested $1 billion for Maui wildfire expenses. Instead, those funds will be handled separately through other bills.

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The appropriations draft does take into consideration wildfire-related expenses and funds essential services and public education for the state. Notable allocations include $6 million for small and remote schools, $2.5 million for workforce readiness programs, and $1.7 million for surveys on social-emotional well-being in schools. Funds are also set aside for teacher training in computer science, trauma-informed care, and various educational programs.

House and Senate leaders highlighted specific agency additions, including funds for insurance and software licenses, meat inspections, and a state rental housing fund. Additionally, significant investments are planned for geothermal energy exploration, rural medical air transport projects, and mapping and assessing wildfire vulnerabilities.

Sen. Donovan Dela Cruz, who led the Senate's conference negotiations, said, "The budget bill that we passed today balances the ongoing needs of Maui while also preparing our State for future disasters and working to diversify our economy and workforce to keep our keiki in Hawaii."

Leading the negotiations for the House, Rep. Kyle T. Yamashita recommitted his efforts to ensure disaster relief and social services remain the top priority for the budget. "As we commenced this legislative session, our immediate focus remained to address the Maui wildfire recovery efforts, prioritizing safety and rehabilitation of our communities while ensuring core services for our state were not neglected."

Aside from operational costs, the budget also allocates $4.5 billion for capital improvement projects, with $1.5 billion to be financed through bonds. These projects involve developing infrastructure at airports, highways, harbors, and other state facilities.

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Campaign & government ethics

Regarding good governance, a pending ethics bill would require legislators to disclose clients who provided over $5,000 in income to the member, their partner, or their employer in the previous year. Additionally, there are bills aiming to limit executive emergency powers and protect public officials’ personal information.

Hawaii’s cost of living crisis

Efforts to tackle Hawaii's rising cost of living have hit significant roadblocks. Initiatives to address the housing crisis, including raising loan limits for direct loans from the Department of Hawaiian Home Lands, granting more zoning powers to counties, and permitting residential use in commercial zones, are presently stalled in conference.

Similarly, initiatives intended to alleviate housing shortages on Maui, including a pilot program to accommodate school employees and the establishment of an Interagency Council for Maui Housing Recovery, have made minimal progress.

Of particular concern is a crucial aspect of the governor’s agenda: the proposal to adjust income tax brackets and standard deduction amounts to reflect the rising cost of living and counter the impact of inflation. This proposal has yet to receive a conference hearing.

"As with any budget, difficult decisions must be made, but we are confident that the strategic forward-thinking collaboration between the Legislature and administration ... is proactive in developing a diversified economy and programs to address the needs of our most vulnerable residents," said Dela Cruz.

Jeremy Yurow is a politics reporting fellow based in Hawaii for the USA TODAY Network. You can reach him at [email protected] or on X, formerly Twitter @JeremyYurow.