Areas of Practice

Question 1

Overlay District

Answer 1

Additional restrictions that are in addition to an existing zoning district. Examples: airport, historic preservation, revitalization, enterprise.

Question 2

Conditional Use

Answer 2

Property owner has to ask permission. Allowed only when it is compatible with its surroundings. AKA special use or specific use permit. The conditional use permit can be issued in one of two ways: Run with the land Run with the ownership If the permit runs with 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.

Question 3

Planned Unit Development (PUDs)

Answer 3

Alternative to strict zoning regulations. Used for large developments that include a mix of uses. Allows for more innovative development design because they are planned in their entirety at the beginning of the project. Allows more flexibility than subdivision regulations or regular zoning. In return, developer offers increased amenities or open space. Zoning ordinance should identify a minimum acceptable acreage for a PUD. Challenge from an administrative standpoint. They require more initial time to review and any time there is a change in the development, the PUD must be amended.

Question 4

Dedications

Answer 4

Gifts of land for public purposes, such as roads, parks, and utilities.

Question 5

Replat

Answer 5

Allows for lots to be subdivided further or added back together.

Question 6

Zoning

Answer 6

Separation of land uses. Implemented through locally enacted legislation that regulates and controls the use of private property.

Question 7

Cumulative Zoning

Answer 7

Less protective than Euclidean zoning. Single-family residential is still the most restrictive district. However each successive zoning district allows all the uses from the previous zone: Single-Family District allows single-family homes Multi-Family District allows apartments and all uses allowed in the Single-Family District Commercial District allows retail and commercial uses and all uses allowed in the Multi-family District Industrial District allows industrial uses and all uses allowed in the Commercial District

Question 8

Plat

Answer 8

Map of a tract or parcel of land.

Question 9

Concentrated animal feeding operations

Answer 9

includes the practice of raising farm animals indoors and in high volumes. Local governments may be limited in their ability to regulate concentrated animal feeding operations because of the Right-to-Farm Acts, which limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public organizations. The APA published aPAS Report titled Planning and Zoning for Concentrated Animal Feeding Operations.

Question 10

Subdivision Bonuses

Answer 10

Extension of development benefits beyond those normally offered in exchange for enhancements, such as: Affordable housing Cluster housing Open space preservation Developer may receive assistance with infrastructure, impact fees may be waived, or higher density development may be approved.

Question 11

Zoning Text Amendment

Answer 11

Changes requirements for all properties. May be initiated by staff, P&Z Commission, governing body, or property owner.

Question 12

Vacating Plat

Answer 12

Legally voids a prior plat or portion of a plat. The rules normally allow such plats only when all the platted lots remain unsold and no construction of buildings or public improvements has taken place.

Question 13

Purpose of Subdivision Regulations

Answer 13

Regulate subdivision development and implement planning policies. Implement plans for orderly growth and development within the city’s boundaries and Extraterritorial jurisdiction (ETJ). Ensure adequate provision of streets, alleys, parks, and other facilities indispensable to the community. Protect future purchasers from inadequate police and fire protection Ensure sanitary conditions and other governmental services. Officially register land.

Question 14

Fiscal Impact Analysis Challenges

Answer 14

How to split costs For example, capital purchases, such as roads, may occur in one year but are financed over time. Multiple development share the use of the facility. How much of the cost should be attributed to a particular development? Could be calculated by average cost per capita or capacity

Question 15

Performance Zoning

Answer 15

Regulates the character of the use instead of the use itself.

Land development and use are regulated by a series of performance standards relating to specific impacts of a proposed development. Performance standards can, for example, limit the intensity of development, control the impacts of development on nearby land uses, limit the effects of development on public infrastructure, and protect the natural environment.

Question 16

Township Square

Answer 16

Used to described land in the Government Survey method. At the intersection of the Township lines and the vertical range lines, there are squares that form. These are called Township Squares and are 6 miles by 6 miles and therefore contain 36 square miles. Also, each township contains 36 sections. Each section is one square mile (640 acres). Section 1 is always in the northeast corner, and Section 16 was reserved for the school so that it would be centrally located.

Question 17

Preliminary Plat

Answer 17

To-scale mechanical drawing with precise topography and prescribed intervals showing the calculated location of all lots, streets, drainage patterns, facilities, and proposed dedications.

Question 18

Extraterritorial Jurisdiction

Answer 18

ETJ A distance outside the city limits where subdivision regulations apply; distance is specified under state law

Question 19

Consistency requirement

Answer 19

In some states, including Florida, California, and Oregon, regarding rezonings, the enabling law has changed to limit the legislative discretion of the local government. Local government in these cases must adopt a comprehensive plan and have development regulations that go along with it. this is called the consistency requirement. Rezonings must fit with the comprehensive plan.

Question 20

Average Per Capita Method

Answer 20

FIA method Simplest but least reliable (Total local budget/existing population) x expected new population from new development Costs and revenues/population Drawback: assumes cost of service to new development will be the same as the cost to service the existing community.

Question 21

Impact Fees

Answer 21

Charged for off-site infrastructure that is needed to provide service to a development, such as a water or sewer main.

Question 22

Flag lot

Answer 22

Flag lots are unconventional lots created behind conventional lots. They are given their name from their shape. Often the frontage they have is only wide enough for a driveway or some type of access. Flag lots are typically created as a means of utilizing land that otherwise may not be developed. According to Larz T. Anderson, “flag lots can provide very desirable environments if they are developed with skill and taste. On the other hand, they have the potential of being considered undesirable leftovers if the building site lacks privacy, or is so small and cramped that it is impossible to build an attractive home on it

Question 23

Edge City

Answer 23

1991, Joel Garreau A new concentration of business, shopping, and entertainment outside a more established urban area in what had previously been a suburb or rural community. Must have more than 5 million SF or office space to accommodate between 20,000-50,000 workers Must have more than 600,000 SF or retail space Must have more jobs than bedrooms Must be perceived by the population as one place Must have been nothing like a city 30 years earlier

Question 24

Amoritization

Answer 24

Amortization sets a definite period of time within which the use must come into compliance with the zoning ordinance. Often 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. Many cities establish an amortization schedule to force nonconforming signs into conformance.

Question 25

daylight plane

Answer 25

The daylight plane is an inclined plane that begins at a height above grade at the property line, and extends into the site at the upward angle. This daylight plane can limit the height or horizontal extent of a structure (s) that is allowed in the zoning code. The daylight plane may be more restrictive than the height limit in the code.

Question 26

Metes and Bounds

Answer 26

It relies on a property’s physical features to determine the boundaries and measurements of the parcel. This type of Survey starts at a point of beginning (POB) and from there, the surveyor moves around the boundary. The boundaries are recorded by referring to linear measurements, directions, as well as natural and artificial landmarks (monuments). Monuments are fixed objects that are used to identify POBs or boundary intersections and can be a stone, river, highway, or iron post. This survey always ends back at the POB. oldest type of legal description

Question 27

Prescriptive Easement

Answer 27

A prescriptive easement is typically obtained under principles of adverse possession. A prescriptive easement can be earned through the ongoing and regular use of a property. A prescriptive easement allows the right to use the property and does not allow the the user to gain title to the land. An easement appurtenant allows access, for example a driveway to access your driveway. A public utility easement is an easement in gross.

Question 28

Disaggregated Per Capita Method

Answer 28

FIA method Estimates costs and revenues based on major land uses. For example, cost of servicing a shopping center versus an apartment complex

Question 29

Performance Bonds

Answer 29

Agreement between property owner and community to ensure that the final plat is built as shown on the drawings within a certain time period. If developer fails to meet the requirements, the government may use the bond to cover the cost of constructing the improvements. Bond is released once improvements are in place and have been inspected by local government.

Alternatives to performance bonds include performance covenants, marketable securities, or escrow account.

Question 30

Zoning Text

Answer 30

Ordinance or code that lays out the exact regulations that the zoning is created to implement. Adopted as law by local governing body. Must establish, at minimum: Different zones applicable in the community Uses allowable in each zone, either by right or with conditional use permit Should also define various requirements for: Setbacks Parking Signs Include definitions Include information on height restrictions Include information on procedures for zoning applications and appeals, or variances

Question 31

Fiscal Impact Analysis

Answer 31

Difference between the revenues and expenditures generated by a proposed development. This is also known as the net fiscal impact. If revenues are greater than expenditures, a development has a positive fiscal impact. If expenditures exceed revenues, a negative fiscal impact results. If revenues and expenditures are equal, the impact is neutral. Drawbacks: only examines economic value. For example, would not consider the social value of affordable housing.

Question 32

Zoning Map

Answer 32

Color coded map that shows which types of land uses are allowable where. Yellow: single-family Orange-brown: multifamily Red: retail and commercial Green: open space and parks Purple: industrial Blue: institutional

Question 33

Zoning Map Amendment

Answer 33

Changes the zoning district for a particular property. May be initiated by staff, P&Z Commission, governing body, or property owner.

Question 34

Tribal Planning

Answer 34

Engages tribal government leads, residents, and businesses in preparing plans and administering planning processes in support of the tribal community. Tribal governments develop comprehensive plans, much like in cities.

Tribes possess a nationhood status and retain inherent powers of self-government.

Native American tribes do not have regulatory jurisdiction over fee lands within tribal boundaries. This issue has caused considerable debate, particularly because many reservations contain large amounts of fee lands within their borders.

There are more than 562 Federally recognized Tribes in the United States, including 223 village groups in Alaska. “Federally recognized” means these tribes and groups have a special and legal relationship with the U.S. government. This relationship is referred to as a government-to-government relationship.

Federal government holds 56 million acres in trust for Native Americans?

Question 35

Amending Plat

Answer 35

Corrects errors or adds additional information to a plat.

Question 36

What does zoning regulate?

Answer 36

Land use Lot size Density Building placement Building height Building bulk Setbacks Provision of adequate light and air Parking Landscaping Signage

Question 37

Floor Area Ratio

Answer 37

This is the ratio of floor area of the building on the site to the area of the site itself. For example, a building has a 10,000 square feet footprint with eight stories, and the site has an area of 100,000 square feet, so 80,000 divided by 100,000 equals 0.8. This is the Floor Area Ratio.

Helps control for light and air in downtown areas.

Question 38

Purposes of Zoning

Answer 38

Protect and maintain property values promote public health and safety Protect the environment Promote the aesthetic of a community Manage traffic Manage density Encourage a variety of housing Attract businesses and industries

Question 39

Board of Zoning Appeals’ role in zoning

Answer 39

AKA Board of Zoning Adjustment Quasi-judicial board that hears cases for variances and appeals of staff’s administration of the zoning ordinance Members appointed by governing body. Volunteer position

Question 40

Permitted Use

Answer 40

Property owner does not have to ask permission to have a permitted use (e.g. barbershop in a commercial district).

Question 41

Planning and Zoning Commission’s role in zoning

Answer 41

Required to issue recommendations in matters of zoning. Recommendations are made to a governing body (City Council or County Commissioners) Members appointed by governing body Volunteer position Long-term perspective (consider future impacts of zoning changes)

Question 42

Nonconforming Use

Answer 42

Property use that existed prior to zoning regulations and is allowed to continue under the grandfather clause. Sometimes allowed indefinitely, sometimes for a set period of time. Subsequent uses would be required to conform with zoning.

Question 43

Right of first refusal

Answer 43

A right of first refusal is an agreement between a landowner and a prospective purchaser requiring that if the former receives an offer to buy the property or decides to make it available for sale, the prospective purchaser will have a specified period of time in which to match the offer before it can be sold to anyone else. Rights of first refusal are an effective means to secure an opportunity to purchase property without having to pay the full purchase price immediately.

Question 44

Forms of government

Answer 44

Weak mayor-council: mayor is figurehead Strong mayor-council: mayor leads decision-making Council manager system: appointed as administrative official, not elected. Extremely common in larger cities given complexity of operations. Commission plan: each commissioner has a scope of responsibility (development, transportation, infrastructure, etc.)

Question 45

negative easement

Answer 45

A negative easement prohibits certain types of land development or land use(s) on a parcel or parcels of land. For example, negative easements are often used to secure restrictions against construction of buildings or signs/billboards along road corridors. Because only a portion of the rights in the land is being acquired and not the entire fee, easements are often a cost-effective means of precluding certain uses on specific parcels of land.

Question 46

push analysis

Answer 46

A push analysis determines if the introduction of a new business will generate additional customers, determines sales capacity of a market area.

Question 47

Adjusted Per Capita Method

Answer 47

FIA method Uses Average Per Capita Method figures and adjusts them based on expectations about the new development. Relies on subjective judgment.

Question 48

Modified Cumulative Zoning

Answer 48

Provides a greater degree of protection than cumulative zoning. Districts are cumulative by land use. For example, a multifamily district would allow single-family as well, but an industrial district would not allow residential at all.

Question 49

Variance

Answer 49

Change in the terms of a zoning regulation due to economic or physical hardship. Use variance: allows a property to have a use not explicitly allowed in the zoning ordinance. Area variance: allows a property to be excluded from the physical site requirements of the zoning ordinance. For example, would allow a 20 foot setback instead of the required 25 foot setback. Must meet these requirements: Unique to the surrounding property; Must have a physical or economic hardship; The variance will not result in a reduction in property values; The property owner did not cause the need for the variance; The variance is not contrary to the spirit of the zoning ordinance.

Question 50

Euclidean Zoning

Answer 50

Places the most restrictions on residential land uses, less on commercial uses, and none on industrial uses. Most restrictive zoning category, single-family residential, is placed at the top of the zoning pyramid.

Question 51

Smart Growth

Answer 51

Used to describe planning for greater sustainability. 10 principles: 1. Create a range of housing opportunities and choices 2. Create walkable neighborhoods 3. Encourage community and stakeholder collaboration 4. Foster distinctive, attractive places with a strong sense of place 5. Make development decisions predictable, fair, and cost-effective 6. Mix land uses 7. Preserve open space, farmland, natural beauty, and critical environmental areas 8. Provide a variety of transportation choices 9. Strengthen and direct development towards existing communities 10. Take advantage of compact building design APA published Growing Smarter Legislative Guidebook

Question 52

Adverse Possession

Answer 52

Adverse possession is a doctrine in which a person in possession of land owned by another person may acquire title to it as long as common law requirements are met and that person is in possession of the property for a sufficient period of time.

The common law requirements may vary from jurisdiction to jurisdiction but typical include the continuous occupation of a property, The owner is aware that a trespasser has been in possession of the property, among other requirements.

Question 53

Dynamic Method

Answer 53

FIA method Applies statistical analysis to time-series data from a jurisdiction. For example, determines how much sales revenue is generated per capita from a grocery store and applies this to new development. Drawback: requires more data and time

Question 54

Cost-effectiveness analysis

Answer 54

evaluates alternatives with goal of choosing the alternative that accomplishes the goal at the lowest cost

Question 55

Final Plat

Answer 55

Approved preliminary plat with all bearing, monuments, curves, and notations, together with all dedications, easements, and approvals.

Question 56

Government staff’s role in zoning

Answer 56

Provide information the public regarding the zoning ordinance. Review applications and write reports for the Planning and Zoning Commission and the Zoning Board of Adjustment.

Question 57

Accessory Use

Answer 57

Incidental to the main use of the property. Examples: outside sales, outside storage, utility tower, home occupations, garage apartment.

Question 58

Platting Process

Answer 58

Applicant submits a preliminary plat. Preliminary plat is reviewed by staff for compliance with subdivision regulations. Plat is then reviewed by the planning commission. Once the preliminary plat is approved by the planning commission, the property owner prepares the final plat. Process is repeated with final plat until it is approved by the planning commission.

Question 59

Subdivision

Answer 59

Division of land into two or more parcels, sites, or lots for the purpose of transfer of ownership, development, or other form of valuable interest. Definition varies from state to state. May include minimum acreage requirements.