Land Use Regulations (Zoning) Flashcards
Zoning
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.
What are the Purposes of Zoning?
Regulate land use, prevent land use conflicts, and allow growth to occur in a planned manner
Zoning can also do:
- 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.
What does Zoning Regulate?
- Land use
- Lot Size
- Density
- Building placement
- Building height
- Building bulk
- Setbacks
- Provision of adequate light and air
- Parking
- Landscaping
- Signage
Zoning Text
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.
Zoning Amendments
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
he 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.
There are three different approaches to regulating land use in zoning:
Euclidean, cumulative, and modified cumulative
Euclidean Zoning
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 zoning category, single-family residential, at the top of the pyramid.
Cumulative Zoning
Cumulative zoning is less protective of various land uses than Euclidean zoning. Single-family residential districts are the most exclusive. However, in cumulative zoning, each successive 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
- An Industrial District allows industrial uses and all uses allowed in the Commercial District
Modified Cumulative Zoning
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.
Permitted Uses
Doesn’t need extra approval to set up that “use” in the zone
Conditional Uses
Need extra approval.
Two ways to issue:
1) with the land, any new user is required to follow some conditions
2) with ownernship, use rules can be revisited with new ownership
Nonconforming use
a property use that existed prior to the adoption of district regulations and is allowed to continue under the “grandfather clause.”
Nonconforming uses can be amortized or allowed for a set of time or allowed unless % of use or structure is destroyed.
Accessory Use
A use that is incidental to main use of property.
A cell tower of ADU apartment.
Planned Unit Development (PUDs)
Planned Unit Developments (PUDs) are 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.
Information that should be collected when reviewing a proposed PUD:
- 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.
overlay zoning
a set of additional restrictions that are placed over the top of an existing zone. Two common overlays are for airports and historic preservation.
Ex. Historic Districts, Airports
variance
a change in the terms of the zoning regulations due to economic or physical hardship.
There are two types of variances: the use variance and the area variance.
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.
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.
Requirements for a variance
- 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.
Big-box retail
generally has 50,000 or more square feet in a large box.
Concentrated animal feeding operations
clude 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 organizations
Floor Area Ratio (FAR)
is the ratio of a building’s 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 1,000 square feet.
Maximum parking standards
alternative to the conventional minimum parking standards that most communities have. Maximum 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.
How much of parking the US is free?
99%
