Codes, Regulations, and Policies

Question 1

Zoning

Answer 1

Zoning, in its simplest form, is the separation of land uses or functions into separate districts (or zones). Zoning is implemented through locally enacted legislation that regulates and controls the use of private property.

Question 2

Purposes of Zoning

Answer 2

The purposes of zoning are to regulate land use, prevent land use conflicts, and allow growth to occur as planned. Zoning can also do the following:

• protect and maintain property values
• promote public health and safety
• protect the environment
• promote the aesthetic of a community
• Manage traffic
• manage density
• limit housing size and type, or encourage a variety of housing types
• attract businesses and industries

Question 3

What does Zoning Regulate?

Answer 3

Zoning controls many elements. Some of the most common include the following:

• land use
• lot size
• density
• buidling placement
• building height
• building bulk
• setbacks
• provision of adequate light and air
• parking
• landscaping
• signage

Question 4

Staff (In relation to zoning)

Answer 4

many communities have a professional staff that handles matters pertaining to zoning. A primary task of the staff is to provide information to the public regarding the zoning ordinance. In addition, the staff is responsible for reviewing applications and writing reports for the Planning and Zoning Commission and the Board of Zoning Appeals. The staff typically prepares an information packet for the board/commission that includes reports on each application

Question 5

Planning and Zoning Commission (P&Z)

Answer 5

THE P&Z commission is required to issue recommendations in matters of zoning. These recommendations are made to a governing body (City council or county commissioners). In other cases, P&Z renders final approval of cases.

• The commission is made up of community residents and business owners. members are appointed by the governing body.
• the commissioners read staff reports, visit sites prior to meetings, and come prepared to participate in discussions with applicants at meetings.
• commissioners should think long-term. For instance, while rezoning a parcel for a specific proposed us may not seem to impact an area significantly, once the zoning change is made, a property may be used for an use allowable in that zoning district.

Question 6

Board of Zoning Appeals

Answer 6

The Board of Zoning Appeals, also sometimes referred to as the Board of Zoning Adjustment or the Zoning Board of adjustment, is a quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals to staff’s administration of the zoning ordinance. The governing body appoints members to the board. As with P&Z commission, members are community members who volunteer their time.

Question 7

City Council (or County Commission)

Answer 7

The governing body of a city often has the final say on zoning issues. The Planning and Zoning Commission makes recommendations on zoning cases to the City Council. The City Council is then charge with making the final decision on whether to approve or disapprove a case. For a community to adopt zoning, two separate documents must be created; the zoning text and the zoning map

Question 8

Zoning Text

Answer 8

The zoning text, ordinance, or code lays out the exact regulations that zoning is created to implement. The zoning text, as a document, must be adopted as law by the local governing body. The text must, at a minimum, establish the different zones applicable in the community and the uses allowable in each zone, either by right or with a conditional use permit. It should also define various requirements for setbacks, parking, signs, and include definitions, information on height restrictions, and procedures for zoning applications and appeals, or variances, to the zoning ordinance.

Question 9

Zoning Map

Answer 9

the zoning map is where zoning clearly becomes applicable to individual properties. the color coded map shows which types of land uses are allowable where. it is generally a detailed city map overlaid with various colors/patterns depicting the type of zoning for each property. There is a standard set of colors used to depict various zones. The most common standard assigns yellow for single family residential, shades of orange-brown for multi-family residential, reds for retail and commercial activities, green for open spaces and parks, purple for industrial uses, and blue for institutional uses such as government buildings, schools, airports and hospitals.

Question 10

Zoning Amendments

Answer 10

There are two ways that zoning can be changed. One is an amendment to the zoning ordinance or text. The other is an amendment to the zoning map.

An amendment to the zoning ordinance changes the requirements for all properties. For example, an ordinance limiting the size of satellite dishes would apply to all properties.

An amendment to the zoning map changes the zoning district on a particular property.

Amendments can be initiated by staff, the Planning Commission, the governing body, or at a property owner’s request.

Amendments allow the community to be flexible and responsive to the changing needs of the community.

Question 11

Euclidean Zoning

Answer 11

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 non on industrial uses. This concept places the most restrictive zoning category, single-family residential, at the top of the pyramid.

Question 12

Cumulative Zoning

Answer 12

Cumulative zoning is less protective of various land uses than Euclidian zoning. Single-family residential districts are the most exlcusive. However, in cumulative zoning, each successive zoning district allows all the uses from previous zones.

• A single family district allows only 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

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.

Question 13

Modified Cumulative Zoning

Answer 13

A modified version of cumulative zoning has been developed to allow cities to provide a greater degree or protection than they could with cumulative zoning. In this type of zoning, districts are typically cumulative by type of land use. For example, multi family would allow both single family and multi family. However the industrial district would not allow residential uses.

Question 14

Permitted and Conditional Uses

Answer 14

Inside the text of a zoning ordinace, each zoning district lists the permitted and conditional uses. If a retail zoning district lists barber shops as a permitted use, a business could open a barber shop without having to ask the City for permission. However, if a barber shop was listed as a conditional use, the business owner would have to ask the city for permission before opening.

Conditional use permits allow a certain use in a district only when it is compatible with its surroundings. The conditional use permit is also known as a special use permit or specific use permit.

The conditional use permit can be issued in one of two ways: 1) run with the land 2) run with the ownership.

Question 15

Nonconforming Use

Answer 15

A property use that existed prior to the adoption of district regulations and is allowed to continue under the grandfather clause. Some communities allow the use to continue indefinitely until it naturally ceases or for a set period of time. The subsequent property use would then be required to conform with the current zoning ordinance.

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 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.

Question 16

Accessory Use

Answer 16

One that is incidental to the main use of the property. An accessory use is typically located on the same lot as the main use and smaller in size than the main use. some examples of accessory uses include outside sales, outside storage, a telecommunications tower, home occupations, and a garage apartment.

Question 17

Planned Unit Developments (PUDs)

Answer 17

A unique zoning tool that can offer an alternative to strict zoning regulations. PUDs are typically used for large developments that include a mix of uses. A PUD applies a different set of controls to a tract of land than standard land use zoning. The entire development site plan is reviewed by the governing body. An advantage is they are planned in their entirety upfront, with careful attention to a site plan. Can allow for more innovative development design. Allow flexibility that normal subdivision and/or zoning regulations cannot. For example, they can allow for an increase in density or reduction in street width as well as a mix of land uses. In return for this flexibility, the developer often offers increased community amenities and open space. examples of community amenities include bike trails, rec centers, landscaped medians, and natural open space.

Question 18

Info that should be collected when reviewing a proposed PUD:

Answer 18

Location of the property and all abutting properties and streets

location and size of streets within the development

location and proposed use of buildings within the development

location and capacity of the nearest infrastructure and public facilities

proposed landscaping and pedestrian ways

location of open space

sign sizes and locations

Question 19

Overlay Zoning

Answer 19

places more restrictions on the property owner. an overlay district or zone is a set of additional restrictions placed over the top of an existing zone. Two common overlays are for airports or historic preservation.

Question 20

Variance

Answer 20

a variance is a change in the terms of the zoning regulations due to economic or physical hardship. there are two types of variances, a use variance and an area variance.

a use variance allows a property to build and maintain 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.

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.

Question 21

Specific Requirements for a Variance

Answer 21

There is a unique 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 22

Big-Box Retail

Answer 22

generally has 50,000 or more square feet in a large box.

Question 23

Concentrated Animal Feeding Operations

Answer 23

include the practice of raining farm animals indoors and in high volumes. Local governments may be limited in their ability to regulate concentrated animal feeding operations because of Right-to-Farm laws, which limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public organizations.

Question 24

Floor Area Ratio (FAR)

Answer 24

the ratio of a buildings total floor area (gross) to the size of the piece of land upon which it is built. FAR is most frequently used in downtown areas to help control for light and air. A FAR of 0.1 would mean that on a 10,000 square foot lot, the building could have no more than 1000 square feet.

Question 25

Maximum Parking Standards

Answer 25

an alternative to the conventional minimum parking standards used in most communities. Max parking standards cap the amount of parking that a property owner or business can provide. This addresses the problem of providing excessive impervious cover and undermining pedestrian quality.

Question 26

McMansion

Answer 26

a term that describes large houses that are mass produced and have perceived negative impacts on the community, sometimes because they are out of scale with surrounding homes. Another term, Parachute Home, describes the scenario where a home is dropped (almost randomly) into an area where it clearly does not fit with the neighborhood’s character.

Question 27

Teardown

Answer 27

a term that refers to the demolition of a home for the purposes of building a larger home on the same lot. This type of development frequently occurs in large cities and in neighborhoods convenient to employment centers.