Chapter 8 - Zoning

Question 1

What’s the process for notice for a zoning change?

Answer 1

1) Notice given 20 days in advance of the hearing date by mail to all owners in the lot in which the proposed change is to take place.
2) Notice shall contain: a) legal description of property, b) present zoning of property and what zoning is sought and c) date, time & location of hearing
3) Notice given in newspaper 15 days before hearing

Question 2

What two documents lay out zoning requirements?

Answer 2

1. Zoning Map

2. Zoning Ordinance

Question 3

What entities carry out the requirements of the zoning ordinances?

Answer 3

1. The governing body
2. The planning commission
3. The board of adjustment (or board of appeals)

Question 4

What is the role of the governing body? What are other names to describe this?

Answer 4

• Other Names: city council, board of county commissioners, board of supervision
• They have the most power and responsibility for all decisions concerning zoning.

Question 5

What is the planning commissions role in a city?

Answer 5

• Primarily Advisory
• Review & adopt plans for the physical development of the city
• Review and approve special permit and rezoning applications
• Review & approve subdivision plats

Question 6

What is the board of adjustments role in a city?

Answer 6

• Hearing & approving applications for special exceptions

- Hearing & deciding appeals to the interpretation and enforcement of zoning ordinances

Question 7

What is zoning?

Answer 7

a mapping process whereby all the land in a community is labeled with respect to the general nature of permissible development.

Question 8

What are the general categories of zoning?

Answer 8

1. Agricultural
2. Residential
3. Commercial
4. Industrial

Question 9

What are subcategories of zoning and why are they used?

Answer 9

Normally called zones; they contain specific regulations such as lot size, height of structures, bulk placement of buildings, yard areas, open space.

Question 10

What is a Planned Unit Development (PUD)

Answer 10

• Designed to facilitate larger projects and stimulate a more innovative zoning product
• A PUD district provides an opportunity for greater flexibility with regard to density, design, and land use in exchange for the developer providing certain amenities and services not possible or not required in conventional zoning districts.
• PUD applications are processed like any other rezoning request.

Question 11

What are the three kinds of subdivisions and how do they differ?

Answer 11

1. Deed approval subdivision - tract of land divided into no more than 3 lots
2. Minor subdivision - tract of land divided into no more than 11 lots
3. Major subdivision - tract of land > 11 lots

Question 12

What are building codes?

Answer 12

• Establish minimum standards for material & construction, including structural load & stress, size & location of rooms, ventilation, electrical & plumbing installation, fire protection.

Question 13

Where are protest petitions submitted in most cities?

Answer 13

Code Administration Department

Question 14

Where does local government derive its police power, including the authority to generate enforceable zoning ordinances?

Answer 14

From enabling legislation