Areas of Practice Flashcards
Euclidean Zoning
Euclidean zoning is named after the City of Euclid, Ohio. It places the most protective restrictions on residential land uses, less on commercial uses, and virtually none on industrial uses. This concept places the most restrictive zoning category, single-family residential, at the top of the pyramid.
Cumulative Zoning
Cumulative zoning is less protective of various land uses than Euclidean zoning. Single-family residential districts are the most exclusive. However, in cumulative zoning, each successive zoning district allows all the uses from the previous zones:
A Single-Family District allows single-family homes
A Multi-Family District allows apartments and all uses allowed in the Single-Family District
A Commercial District allows retail and commercial uses and all uses allowed in the Multi-family District
An Industrial District allows industrial uses and all uses allowed in the Commercial District
In a city with cumulative zoning, a person could build a single-family house in any zoning district. However, a factory could only locate in an industrial district.
Modified Cumulative Zoning
A modified version of cumulative zoning has been developed to allow cities to provide a greater degree of protection than they could with cumulative zoning. In this type of zoning, districts are typically cumulative by type of land use. For example, a multi-family district would allow both single-family homes and multi-family housing. However, the industrial district would not allow residential uses. The figure below provides an example of how modified cumulative zoning works.
Run with the Land vs. Run with the Ownership
If the permit runs with the land, any new user is required to follow the same conditions.
If the permit runs with ownership, it offers the community an opportunity to review the circumstances if ownership or use changes. The conditions can be modified when a new conditional use permit is requested.
What is a non conforming use?
A nonconforming use is a property use that existed prior to the adoption of district regulations and is allowed to continue under the “grandfather clause.”
What is amortization?
In other communities, nonconforming uses are amortized. Amortization sets a definite period of time within which the use must come into compliance with the zoning ordinance. Amortization is often quite controversial because it requires that the administrators of the ordinance determine a fair period of time during which the use will be allowed to continue before it must come into full compliance. This time period is based on the property owner’s original investment, the use of the property, and other factors that affect the owner’s potential income.
This is more typical for non-conforming signs.
What is an exaction?
Payments made by a developer to local governments for the right to proceed with a project, like:
- development fees
- dedication of public land
- the construction or maintenance of public infrastructure
- provision of public services
What is a performance bond?
Variance
A variance is a change in the terms of the zoning regulations due to economic or physical hardship. Two types: (1) use variance (2) area variance.
What is a use variance?
A use variance allows a property to have a use not explicitly allowed under the zoning district regulations. For example, a business owner would like to operate an ice cream shop in an area that is not zoned for restaurant uses. A use variance would allow the business to operate.
What is an area variance?
An area variance allows a property to be excluded from the physical site requirements under the zoning ordinance. For example, an area variance would allow a property owner to build his or her house with only a 20-foot front setback instead of the required 25-foot setback.
What is effluent?
liquid waste or sewage discharged into a river or the sea
