Glossary of Zoning Terms Flashcards
Agricultural zoning
Retain productive ag lands and preserve open space and preventing loss of aesthetics especially close to metro areas. Also for raising cattle recreation and low density residential. Min 20-40 acres
Buffer areas
Parcel to separate incomparable uses such as commercial and residential. 10-25 ft walls fences screen plantings.
Bulk regulations
Requirements that establishes max size and shape of building and location on lot. Maintain open space light and air and pleasing appearance. Size and height of building, gross floor area, floor area ratio-floor area to lot area, yard requirements.
Capital improvement program-c.i.p.
A community’s plan that matches cost of future projects such as water sewers roads schools to anticipated revenues. Govt timetable for constructing permanent improvements, costs and methods of financing. 5-6 yrs updated annually and coordinated with comprehensive planning.
Carrying capacity
Level of use that can be accommodated without damage to natural or human resources, the ecosystem and quality of land air and water.
Central business district
Part of city of town centrally located where most commercial activities are located. Financial, service, retail, govt, entertainment, office. distinguished from shopping centers by wider range of business activities, multiple ownership of property, more intense develop, and traditional street pattern
Cluster zoning
Development pattern for residential commercial industrial institution or combined uses which are clustered rather than evenly distributed. Smaller lot sizes and higher density. Allows to keep open space that is unbuilt able anyway such as slopes ravines wetlands. Save money with shorter streets and utility lines.
Aesthetic zoning
Designed to create preserve and promote beauty. Promotes community interest. Public welfare outweighs individual property owner.
Comprehensive Plan
Document for guiding the future development of county city of part of one. public input, study and analysis of existing physical economic environmental and social conditions. land use, circulation elements are required by the enabling legislation. housing, recreation, open space, or conservation are optional. plan serves as a guide for making land use changes preparation of implementing ordinances (zoning platting) preparation of capital improvement programs and rate, timing, and location of future growth.
plat
plot of land, plan or make of a map of an area of land
condemnation and eminent domain
taking of private property by govt unit when owner will not relinquish it through sale or other means. Used to acquire highways, street widening, parks and utility construction. Also for private use in the public interest such as urban renewal and removal of dilapidated structures. Terms used interchangeably. Condemnation may mean demolition by public authority of unsafe structure with compensation is paid to owner and does not become public land.
conditional use and permit
Special requirements or possibly safety hazards have detrimental effects on surrounding properties but may be compatible with other uses if properly designed. Granted after careful review by board of adjustment hearing officer or zoning adjustor. Prescribes necessary standards that will make the use acceptable in the district. Public utilities, schools, churches and community centres are often considered conditional uses insigne family residential zone.
Conflict of interest
public officers have a duty of serving the public with uninfluenced actions or biases. Disqualifies a public officer from voting on particular matter that is personal or private. Actions are required to be fair in fact. Appearance of fairness doctrine.
Covenant
Agreement written into deeds and other instruments promising performance or nonperformance of certain acts. Need a written document, mutual interest in the property, concern with the use of land rather than with individual characteristics of ownership. Used to establish a subdivision and restrict use of lots in the development to a certain type of use such as single family dwellings. Used in rezoning with contract or conditional rezoning to bind landowner to use property in specific matter to achieve desired goal.
Cumulative (pyramidal) zoning
least protected zone such as industrial district would permit all uses allowed in all other districts and in effect is not zoned.
dedication
assignment of private property to a specific public use and acceptance for use by got agency. dedication for roads, parks, open space, schools, are increasingly required as a condition for approval of a development. Easement may include dedication for scenic non access pedestrian utility drainage floodway air space and other purposes. Where dedication is not appropriate, a cash payment may be authorized (fee in lieu of)
Dedication, fee in lieu of
cash payments as a substitute for dedications where mandatory dedication of land is inappropriate.
Density
Usually expressed per acre. housing per unit.
Density zoning
Cluster zoning, overall density restrictions, any dwelling is permitted as long as total density does not exceed the maximum permitted. Offers flexibility in site design as long as restrictions are met.
Development impact fees
fee or tax on developers to pay for the communities cost of providing services to a new development. Involve effort to predict the total cost of the community for serving the new development. relate it to tax revenues.
Development ordinance
Combination of zoning subdivision and other regulation into a single integrated code to cover all the provision appropriate to the conversion and development of land.
Development rights
when property is purchased the purchaser acquires a number of rights. Rights to build a home, develop, remove minerals, use water. Rights depend on zoning.
downzoning
change in zoning classification, less intensive. multifamily to single family. or commercial to residential.
due process
proceedings be carried out in accordance with established rules and principles. Two: procedural and substantive. Procedural all parties to proceeding are treated fairly and equally and a right to be heard, info is available to all, conflict of interest are avoided, corruption does not exist. Substantive payment by govt of just compensation to property owners when property is condemned by govt. or diminished in value by govt actions.
easement
right granted by the owner of land to another party for specific limited use of that land.
environmental impact statement (EIS)
fact fining report required by state environmental policy act or or national before a govt may authorize a proposed project, program, law or other major activity. Contains proposal, location, environmental effects, and alternatives to mitigate effects. Helps to make informed decision.
Euclidian zoning
Euclid vs. ambler realty company in 1926 supreme court decision. district regulation are explicit, uses are segregated, districts are cumulative, and bulk and height controls are imposed.
Exclusionary zoning
zoning that keeps out racial minorities, poor or other. Include: large lot zoning, high minimum residential floor area requirements that increase housing costs, deny applications without disclosure,
ex parte contact
contact between party to a proceeding and a public official responsible for making the decision occurring outside the formal decision making process.
extraterritorial zoning
authority granted to a local municipality to exercise zoning powers for specified distance outside of corporate boundaries. protects activities on the edge of communities from being adversely affected.
fill
placement of sand sediment or other material on submerged lands or wetlands to raise elevation
fiscal zoning
designing zoning for attracting uses that will bring in more local tax revenue than will cost in public services. The greatest single cost is education, would tend to limit single family housing in favour of small apartments generating few school children and business and industry generating higher taxes.
flexible zoning
allowing flexibility in zoning by conditional rezoning, bonus and incentive zoning, floating zones, overlay zones, performance standards, planned unit developments districts etc. Widen range of options available to developers. Officials negotiate with developers before final approval.
floating zones
zoning district that is described in the text of zoning ordinance but not described with a specific location on a map. floating zone can be anchored on a map when a project of sufficient size within restricted areas can meet certain requirements. large scale developments such as shopping centres, planned unit developments, and industrial parks. dictates building heights lot coverage, setbacks, frontages, parking areas and other site facilities.
flood , regional , 100-year
statistical calculation used by engineers to determine probability of sever flooding. Provide important wildlife habitats, recreation, other compatible uses with inundation. floodplains are flat, scenic, easily built on and attract developments. Floodplain zoning: prevent obstruction of natural flow, protect individuals from poor land use choices, prevent burdening taxpayers with unnecessary expenditures for public works and disaster relief.
Floodway
normal stream channel that adjoins the area of the natural floodplain
functional plans
plan to deal with a particular activity or governmental service such as transportation, traffic control operations, community renewal, water and sewer systems, or other specific projects. elements of a comprehensive plan.
goal
broad statement of what should exist in a community or future achievement
growth management
wide range of techniques in determining growth and to direct it to designated areas. Comprehensive plans help. Tools include zoning, emphasizing flexibility, capital improvements, public facilities ordinances, urban growth boundaries, population ceilings.
hearing officer
zoning and subdivision officer. official with the authority to conduct hearings, and make decisions on applications for zone changes and county subdivisions, variances, conditional uses. Relieves planning commissions from administrative decisions to concentrate on policy issues and rewriting zoning.
highest and best use
real estate term describing land use to bring maximum profit to the owner. not based on public regulations
holding zones
zone established in zoning ordinance on a temporary basis awaiting applications for rezoning to desired uses. Undergoing transition or part of comp plan revision. usually very low density zones.
illegal use
prohibited by zoning ordinance and established after zoning ordinance became effective. vs nonconforming use established before.
impact analysis
evaluating a proposal’s expected impact on surroundings
impact zoning
ordinance that identifies fiscal and environmental standard to be met by new development. Process includes detailed analysis of existing conditions, impacts on the community facilities and environment. Goal: developer shows development will not cost the community more than it will produce in taxes and income.
in accordance with the comprehensive plan
zoning ordinances be applied uniformly, consistent with public policies arrived at through detailed study and analysis
incentive (bonus) zoning
tool that permits greater flexibility in zoning. negotiation process where developer is awarded bonuses in exchange for adding amenities the community needs. Permits restrictions to be exceeded (higher density, FloorAreaRatios, reduced parking etc.) in return for plazas or low income housing, nature protection. etc
Inclusionary zoning
attract racial minorities. offering incentives or bonuses to developers for low income housing
Intensity
degree which land is used.
Interim Zoning
temporarily freeze or restrict development for an area while a comp plan and new zoning are prepared. It permits planning and ordinance writing free of development pressures, prevents non conforming uses, encourages public debate.
Inverse condemnation
Police power to regulate land use, reduce value of property to a level where it approaches taking private property for public benefit without just compensation.
judicial (or quasi-judicial) hearing
planning commission hold a hearing to ascertain the facts and apple the law to the facts. Legal safeguard of due process and proper procedure were followed.
key facilities
basic facilities planned for by govt, but can also be provided by private enterprise. essential to supporting intensive developments. public schools transportation, water supplies, sewage and solid waste disposal
