Current Planning

Question 1

Scales

Answer 1

a small-scale map displays a large land area with very little detail. A large-scale map shows a limited land aera in great detail. There are a number of common scales. The US Geological Survey uses the 1:24,000 scale

• 1:24000 means that 1 inch represents 2,000 linear feet
  1:62,500 means that 1 inch represents 0.98 miles
  1:500,000 means that 1 inch equals 7.89 miles
  1:2,000,000 means that 1 inch equals 31.57 miles

Question 2

General Slope Guidelines for Urban Development

Answer 2

0-0.5% = no drainage, not suited for development

0.5-1% = no problems, ideal for all types of development

1-3% = slight problems for large commercial areas; acceptable for residential

3-5% = major problems for commercial/industrial/large scale residential

5-10% = suitable only for specially designed development

Question 3

Contour Lines

Answer 3

Are the lines of equal elevation. A contour interval is the distance between contour lines. The closer together the contour lines are, the steeper the terrain. Slope is calculated by the change in elevation divided by the horizontal distance.

Question 4

Slope

Answer 4

To calculate the slope, two points are identified. The slope is the change in the y-coordinate divided by the change in the x-coordinate. For example, if we have a height of 1 foot at point A and a height of 2 feet at point B, then the difference is 1 foot (also known as the rise). For the distance, point A is 2 feet away from point B (Also known as the run). By dividing 1 by 2, we get an answer of 0.5. Multiply this number 100 to get the percent slope. In this example. a slop of 50% indicates that the site is not ideal for development.

Question 5

Floor Area Ratio

Answer 5

Floor area ratio (FAR) is the ratio of the gross floor area of a building to its ground area. It is used primarily to determine building density on a site, i.e. the size of a building in relation to the size of the lot where it sits. The floor area of the building is measured to the middle of the outside walls and includes the inside walls as part of the calculation. Depending on the locality, floor area sometimes excludes unfinished basements, carports, structure parking, mechanical rooms and other non-habitable spaces.

For instance, if a 20,000 sf parcel has a FAR limit of 0.5, then the floor area of the building or house on the site may not exceed 10,000 sf. This FAR could be achieved with either a single-story, 10,000 sf strucutre or a 2 story structure with 5,000 sf per floor.

Question 6

Site Planning

Answer 6

Site planning includes a range of factors including site selection, transportation, earthwork and utilities, and design of the site. Individual land uses have different site planning criteria. For example, a shopping center location would depend on the market, accessibility, distribution of the population, buying power, the location of competing shopping centers, access to the site, and time to the site. A major shopping center is typiocally on major roadways. Shopping centers serve different size populations. For example, a neighborhood center would provide access to a grocery store. Where a community center may have department stores, while a regional center would have multiple major department stores.

Question 7

Subdivision

Answer 7

a subdivision is the division of land into two or more parcels, sites or lots, for the purpose of transfer of ownership, development, or other forms of valuable interest. This definition varies from state to state and may include minimum acreage requirements.

Question 8

Plat

Answer 8

A plat is a map of a tract or parcel of land

Question 9

Replat

Answer 9

a replat allows for lots to be subdivided further or added back together

Question 10

Amending Plat

Answer 10

An amending plat corrects errors or adds additional information to a plat

Question 11

Vacating Plat

Answer 11

allows for a plat to be terminated prior to the selling of any lots

Question 12

Preliminary Plat

Answer 12

a preliminary plat is a to-scale mechanical drawing with precise topography and prescribed intervals showing the calculated location of all lots, streets, drainage patters, facilities, and proposed dedications.

Question 13

Final Plat

Answer 13

a final plat is the approved preliminary plat with all bearing, monuments, curves and notations together with all dedications, easements, and approvals.

Question 14

Purpose Behind Subdivision Regulations:

Answer 14

• To regulate subdivision development and implement planning policies
• to implement plans for orderly growth and development within the city’s boundaries and extraterritorial jurisdiction (ETJ)
• To ensure adequate provision for streets, alleyus, parks, and other facilities indispensable to the community;
• to protect future purchasers from inadequate police and fire protection
• to ensure sanitary conditions and other governmental services
• To require compliance with certain standards
• To officially register land.

Question 15

Plat Process

Answer 15

• The applicant submits a preliminary plat
• a preliminary plat is reviewed by staff for compliance with the subdivision regulations
• Plat is then reviewed by the planning commission
• once the preliminary plat is approved by the planning commission, the property owners prepares the final plat
• final plat then repeats the process above until it is approved by the planning commission.

Question 16

Extraterritorial Jurisdiction (ETJ)

Answer 16

The ETJ is a distance outside of the city limits where the subdivision regulations apply. the distance is specified under state law and usually increases with population size.

Question 17

Performance Bonds

Answer 17

Many communities require property owners to post performance bonds. A performance bond is an agreement between the property owner and the community to ensure that the final plat is built as shown on the drawings within a certain time period. If the developer fails to meet the requirements, the government may use the bond to cover the cost of constructing the improvements. The bond is released once the improvements are in place and have been inspected by the local government.

Question 18

Dedications

Answer 18

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

Question 19

Impact Fees

Answer 19

typically charged for off-site infrastructure needed to provide service to a development, such as a water or sewer main.

Question 20

Development Agreement

Answer 20

a voluntary contract between a local jurisdiction and a property owner detailing the obligations of both parties and specifying the standards and conditions that will govern development of the property. Although the agreements are voluntary, once made they are binding on the parties and their successors.

A development agreement provides assurances to the developer that the development regulations that apply to the project will not change during the term of the agreement. The city or county may require conditions to mitigate project impacts, as well as clarification about project phasing and timing of public improvements.

Question 21

Subdivision Bonuses

Answer 21

While cities may require dedications and impact fees, they may also offer subdivision bonuses. A subdivision bonus is the extension of development benefits beyond those normally offered in exchange for enhancements such as affordable housing, cluster housing, and open space preservation. The developer may receive assistance with infrastructure, impact fees may be waived, or the ability to construct at a higher density may be granted.

Question 22

Zoning

Answer 22

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 23

What are the purposes of zoning?

Answer 23

The purposes of zoning are to regulate land use, prevent land use conflicts, and allow growth to occur in a planned manner. 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 24

What does zoning regulate?

Answer 24

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

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

Question 25

Who is involved with zoning?

Answer 25

there are a number of people involved in zoning decisions, depending on the type. Typically zoning is handled by government staff, the city council (or county commissioners), the planning and zoning commission, and the board of zoning appeals (or adjustment).

Question 26

Staff

Answer 26

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 boards that includes reports on each application.

Question 27

Planning and Zoning Commission (P&Z)

Answer 27

The planning and zoning commission is required to issue recommendations in matters of zoning. These recommendations are made to a governing body (eg the city council or county commissioners). In other cases P&Z renders final approval of cases.

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

Question 28

Board of Zoning Appeals

Answer 28

The board of zoning appeals, aka the board of zoning adjustment or zoning board of adjustment, is a quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinace, and appeals of staff’s administration of the zoning ordinance. The governing body appoints members to the board. As with the planning and zoning commission, members are community members who volunteer their time.

Question 29

City Council (or County Commission)

Answer 29

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 charged with making the final decision on whether to approve or disapprove a case. FOr a community to adopt a zoning code, two separate documents must be created: the zoning text and the zoning map.

Question 30

Zoning Text

Answer 30

The zoning text, ordinance, or code lays out the exact regulations that zoning is created to implement. It is a document that is 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 defiintions, information on height restrictions, and procedures for zoning applications and appeals, or variances, to the zoning ordinance.

Question 31

Zoning Map

Answer 31

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.

In some cities, letter codes are used to illustrate the zoning districts, while in others color codes are used. There is standard set of colors used to depict various zones. The most common standard dictates yellow for single-family, shades of orange-brown for multifamily 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 32

Zoning Amendments

Answer 32

There are two ways that zoning can be changed. One is an amendment to the zoning ordinace 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. For example, at the edge of the community, a developer may apply to change the zoning from an agricultural district to a single family district. If approved, the map would be changed to reflect the newly assigned zoning district.

Amendments can be initiated by staff, the planning and zoning 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 33

3 different approaches to regulating land use in zoning:

Answer 33

Euclidean, cumulative, and modified cumulative.

Question 34

Euclidean Zoning

Answer 34

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 category, single-family residential at the top of the pyramid.

Question 35

Cumulative Zoning

Answer 35

Cumulative zoning is less protective of various land uses than Euclidean zoning. Single-family residential districts are the most exclusive. However, in cumulateive zoning, each sucecssive 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

In a city with cumulative zoning, a person could build a single family house in an zoning district. However a factory could only locate in an industrial district.

Question 36

Modified Cumulative Zoning

Answer 36

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.

Question 37

Permitted and Conditonal Uses

Answer 37

Inside the text of a zoning ordinance, 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.

Conditional use permits can be issued without conditions or with them, such as a screening fence between the use and the adjacent neighborhood and an increased setback from the adjacent property.

Question 38

Conditional Use Permit can be issued in one of two ways:

Answer 38

Run with the land or 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 the 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 39

Nonconforming Use

Answer 39

is 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 indefinitly until it naturally ceases or for a set period of time. the subsequent property use would then be required to be in conformance 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 ordinances determine a fair period of time during whcih the use will be allowed to continue before it must come into full compliance. This time period is based on the property owners original investment, the use of the property, and other factors that affect the owners potential income.

In most ordinances, a clause ends the nonconforming privileges if a certain percentage of the use is destroyed by either natural or man-made causes or if it discontinues for a set period of time.

Signs are a common part of a property that can be amortized. Many cities establish an amortization schedule to force nonconforming signs into conformance.

Question 40

Accessory Use

Answer 40

One that is incidental to the main use of a property. It 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 (AKA accessory dwelling unit or ADU)P

Question 41

Planned Unit Developments (PUDS)

Answer 41

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 of the PUD is that theu are planned in their entirety, up front, with careful attention to a site plan. PUDs can also allow for more innovative development design. In some cases, PUDs 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 in site design, the developer often offers increased community amenities and open space. Examples of community amenities include bike trails, recreation centers, landscaped medians and natural open space.

The zoning ordinances set a minimum acceptable acreage for a PUD. The zoning is tied to a detailed site plan, and if the plan changes or construction deviates substantially from the site plan, an amendment is required, a process that is essentially the same as a rezoning

PUDs can be a challenge from an administrative standpoint. Longer initial review and any time there is a change, the PUD must be amended.

Question 42

Examples of Info the should be collected when reviewing a proposed PUD:

Answer 42

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 43

Overlay District

Answer 43

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

an airport overlay district is placed on the area surrounding airports. The overlay district usually includes all land located under flight patterns of aircrafts in bands that represent noise levels. Land located under the noisiest bands generally have the heaviest restrictions on land use, such as no residential uses. Additionally, there may be height restrictions for the areas closest to the landing strips

in the case of HP overlays, there may be additional protections to significant architectural elements. Frequently, an architectural review is required in this type of overlay.

Other types of overlays can include neighborhood revitalization zones, flood hazard areas, enterprise zones, and foreign trade zones.

Question 44

Variance

Answer 44

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

An area variance allows a property to be excluded from the physical site reuqirements 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 setback instead of the required 25 foot setback.

Question 45

Variance Requirements

Answer 45

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 spirt of the zoning ordinance.

Question 46

Big-Box Retail

Answer 46

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

Question 47

Concentrated Animal Feeding Operations

Answer 47

include 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 Right-to farm laws, which limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public operations.

Question 48

Floor Area Ratio

Answer 48

(FAR) 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 sf lot, the building could have no more than 1,000 sf.

Question 49

Maximum Parking Standards

Answer 49

an alternative to the conventional minimum parking standards in place in most communities. Max parking standards cap the amount of parking that a property owner or business can provide. Max parking standards address the problem of providing excessive impervious cover and undermining pedestrian quality. For edample, some retailers provide enough parking for their busiest days of the year, leaving an empty parking lot for the rest of the year. Donald Shoups “The high cost of free parking” showed that 99% of parking in the US is free, despite the negative impact

Question 50

McMansion

Answer 50

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 surrouidning 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 51

Teardown

Answer 51

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.