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
land use
the way in which land is used. existing use forms a land use plan and district boundaries and zoning.
land use plan
proposed or project utilization of land. map form, supported by written text of underlying policy and principles. major component of comp plan.
leapfrog development
development occurs well beyond existing limits of urban development and leaves intervening vacant land behind.
legislative hearing
planning commission is seeking advice from the public on type of law to pass. i.e. adopt a master plan, road setback line.
lot of record
lot part of a subdivision officially recorded or lot or parcel described by metes and bounds
metes and bounds
system of describing and identifying a tract of land by distance (metes) and directions (bounds) from an identifiable point of reference such as the monument of a quarter section of land
“mistake or change” rule
rule that a zoning ordinance, once enacted, cannot be amended pules it can be demonstrated by the applicant that there has been a mistake in the original zoning designation or change in conditions.
mixed-use zoning
several uses within a sing development. more interesting and livelier convenient neighbourhoods.
moratorium
temporary freeze on all new development pending the completion and adoption of a comp plan or other document. building moratoriums have been instituted by water and sewer agencies when treatment facilities are inadequate or water shortage threatened. shoals or public facilities overwhelmed by rapid growth.
national environmental policy act
prior to authorization by Fed govt of a project, environmental effects must be considered and made available to decision makers and public. each person should enjoy a healthful environment
nonconforming uses, lots, structures
uses of land and structures and characteristics of uses that are prohibited under terms of a zoning ordinance but were lawful at date of ordinance’s enactment. permitted to continue or given time to conform. prohibit extension and enlargement of nonconformities.
nuisance
anything that interferes with the use of enjoyment of property, endangers personal health or safety, is offensive . law can be involved to determine when to abate.
official map
legal document adopted by legislative body that pinpoints locations of future streets and site for public facilities. Allows land to be reserved for a limited time and protected from encroachment.
Open space
land with no or minimum development types (golf course, ag, parks, low density residential)
ordinance
legislative enactment of county or city. govt statute or regulation that requires public hearing and publication in local newspaper.
overlay zones
set of zoning requirements in addition to underlying district. used for floodplains, historic preservation, slopes, shorelines
overzoning
zoning more land than is expected to be developed
performance standards
rather than listing permitted uses, it deals with the effects the uses have on the surrounding area. smoke, noise, toxic emission, pollutants, glare, vibration, shade, radioactivity, door, traffic. measurable unlike subjective standards. also vs specification standards which are density, setback, etc. Complete zoning has all three.
phased zoning
programs or techniques to guide the timing and sequence of development. growth management technique that can require developer to show availability of public services before subdivision is approved.
Planned unit development (PUD)
development preplanned in its entirety. Subdivision and zoning controls applied to the project as a whole rather than individual lots. densities calculated for entire development. unified site design. shopping centres, industrial parks, residential. may have mix of uses. administered through a special permit
planning
process of setting development goals and policy, gathering info, eval. info, and developing alternatives for future action. comprehensive planning goals and policies pus regulatory ordinances to carry out plan. continuos process.
planning commission
group of citizens appointed by the mayor or chairperson to research survey analyze and make recommendations on current and long range land development policies. Functions as fact finding and advisory board to the elected officials but main goals is to recommend a comp plan and implement measures.
plat
map representing a subdivision f a parcel of land into lots blocks streets or other divisions and dedications. Preliminary - before design. Final - after built.
police power
right of govt to regulate personal conduct and the use of land in order to protect the public health safety and welfare. must follow due process and be reasonable. does not have to pay compensation for related losses. vs. eminent domain which compensation is mandatory.
policy
describes a particular course of action to accomplish the purpose of the comp plan
policy plans
plan that deemphasizes rigid land use maps in favour of textual statements expressing general community goals and policies and desirable relationships among human activities. more flexible.
preservation
save from change or loss and reserve for special purpose.
regulatory measures
legal tools to implement comp plan. include zoning, subdivision regulations, building permits, shoreline permits, and occupancy permits.
resolution
proceedings of city council. less formal and binding than an ordinance. formal statement of opinion or determination adopted by govt body.
rezoning
change designation or boundaries of zoning.
rezoning with conditions
Conditional rezoning vs contract zoning. cond. = property owner agrees to perform certain conditions limiting use of the property as a prerequisite to rezoning, but govt is not formally committed to rezone for that use. Ensure new use will be compatible with existing neighbourhood. Contract = landowner enters into agreement (contract) with govt to restrict use of property so the gov’t will rezone
Right-of-way
right to pass over the property of another. for traffic. utilities are known as easements.
significant habitat areas
natural resource characteristics are important to production and maintenance of wildlife pop.
site plan
scale drawing showing proposed uses and structures for a parcel of land as required by the applicable regulations. lot lines, lot area, streets, parking, roadways, walkways, topography, open space, building, landscape features, utility easements.
site plan review
planning commission and staff review the site plan so it meets stated purposes sand standards of zoning and other regulations
social consequences
tangible and intangible affects upon people and relationships with the community resulting from an action or decision
special districts
zoning ordinance is established for special purpose or uses. beyond conventional zoning. ie. open space districts, hotel motel districts, transit-impact planned development, research park, historic preservation, highway/commercial
special districts (local government)
a local got which is neither city, town nor county. municipal corp. created by statute and endowed with govt org. and revenue raising authority for a single/few functions. i.e. school districts, library, diking and drainage, port, public utility, health, mosquito control districts.
special use and permit
similar to conditional use permit.. use or activity may be permitted after review by admin. official, plan. commission. different bec. there are no condition or standards placed uptown activity once approved. less popular for that reason.
spot zoning
parcel of land rezoned that is inconsistent with surrounding. usually for historical value, envir. importance, or scenic for such a small area. otherwise illegal due to unreasonable and capricious.
statement of intent/purpose
incorporated into a zoning ordinance to outline the broad purpose and helps when district requirements are challenged in court to decide if applications are reasonable or related to a defensible public purpose.
strip zoning
ribbon of uses fronting both sides of a roadway and extending inward half a block
subdivision
process and result of laying out a parcel of undivided land into lots blocks streets and public areas. Five or more lots.
subdivision regulations
regulate the conversion of undivided land. establish requirements for streets, utilities, and site design
taking
appropriation of land by govt with compensation. if govt regulations prevent any reasonable use of property then it can be regarded as inverse condemnation and requires compensation.
transitional uses
uses or structures permitted under the zoning ordinance which act as a transition or buffer between incompatible uses. i.e. more yard space, walls, fences, or screening. between commercial and residential.
urban growth boundary
lines around an area identified through official public policy which urban development will be allowed during a certain period of time. Beyond, development is prohibited with growth management tools such as acreage zoning, limits on capital improvements.
spheres of influence
like urban growth boundary but refers to more cooperation between jurisdictions in establishing service areas and timing of utilities at jurisdictional boundaries
urbanizable land
within urban growth boundary where they are suitable for future urban areas, served by services, needed for expansion of urban areas.
urban service area
area, identified in policy, where urban development is allowed.
use variance
a variance to permit a use in a district where it is prohibited. generally is illegal.
variance
relaxation of the terms of a zoning ordinance in order to avoid unnecessary hardships to landowner. Only used when particular physical surroundings, shape of property/topos render strict compliance impractical. not a desire to make more money. i.e. lot to narrow for required side yards.
wetlands
excess water is dominant factor.
windfalls and wipeouts
the conferring of great financial benefits (windfalls) or losses (wipeouts) on a property owner as a result of a public action.
zero lot lines
development whee building is sited on one or more lot lines with no yard. Mainly only used through variances. Only done through clearly designed circumstances.
zoning
process in which a county or municipality controls use of property and development configuration within it jurisdiction. For public health safety and welfare. Must be based on comp plans.
zoning ordinance
local law adopted by governing body to assure orderly development according to specific standards established for the general public welfare and to implement to comp plan. Consists of text and zoning district map.
air rights transfer
sale of air rights over a structure to a developer. permission for increased building height.
historic districting
preserving and imposing regulations on use and alterations
development rights transfer
the sale of the rights to develop the land to another
fee simple absolute
land is under the complete control of owner. subject to zoning regulations. any use permitted with zoning.
life estate
under control of owner for duration of life of owner. may maintain or improve but no major alteration.
tenancy for years (leasehold)
land is owned for specified number of years. reasonable use but no alterations.
water quality regulations
regulation governing the type of development near aquifers, watersheds or water bodies that are community water supplies.
riparian rights
private ownership near rivers and streams. right of use of water flowing past land.
navigable waters
major transportation routes. controlled by state regulation.
shoreline regulation
coastal states regulation of coastal zone development
air controls
laws and regulations affecting air quality. national and statewide. dust and particulate matter with construction process.
health and safety controls
developed by local govt. associated with building and construction during design.
building codes
two major types. Form Specific - spatial and structural requirements. Performance Codes - specify how the result must perform to ensure safety and health of occupants
fire codes
material standards, ingress and egress standards (enter and leaving), construction standards. exterior spatial standards.
health and sanitary codes
sewerage and utility requirements for specific types of development as well as construction standards, location, materials, ingress and egress spatial requirements.
noise regulations
maximum noise levels during construction and procedures to control noise. as well as specific uses i.e. industrial
construction and installation controls
by construction details, specifications, field adjustments, construction staging
construction details
graphic contract documents which communicate to the contractor the prescribed manner of building the design
materials specifications
written instructions to communicate the ties of quality of materials
field adjustments
changes made to a design as construction progresses
staging of contraction
process of orchestrating the various contractors equipment and materials of a project to avoid delay and damage. Handled by: PERT charts (program evaluation review techniques) and Critical Path Planning.
degree of site disturbance
consider existing vegetation and features. methods of protection. produced by activities of men and equipment.
Floor area
space from exterior walls. all interior balconies, basement, accessory buildings floor space, elevator shaft space at each floor. Not including cellar space, elevator stair bulkheads, water tanks, cooling towers, uncovered steps, attic less than 8 ft head space, floor space for mechanical equipment, floor space in open balconies. F.A.R. Floor Area Ratio divided by total property area
