Lesson 11 - Zoning Ordinances and Building Codes Flashcards
What is the “Spanish Law of the Indies”?
This was the most eloborate colonial system of regulation instituted shortly after Columbus’s Discovery and continuing effort through the Spanish Settlement in California.
What is Zoning?
Zoning is the predominent system of American Lans Use and building regulations.
Developed in the late 19th Century early 20th Century
due to American cities growing.
What is the purpose of zoning and where was the first modern system of zoning introduced?
Zoning is used to protect property rights.
1916 in NYC.
It started when the height of buildings limited the amount of daylight to other properties. This threatned their prperty value.
The first example of thie was the 40 Story Equitable Building. (designed by earnest R Graham
(focused attention on over crowding and over developing)
What supreme court case validated the concept of zoning?
Euclid v. Ambler in 1925
- Euclid was a suburb of Cleavland that adapted zoning ordinances of a kind which has since been typical.
What is the Berman v. Parker Supreme Court case?
When did it happen?
1954
Outlined the 5th Amendment.
“nor shall private property be taken for public use, without just compensation”
The Depression of the 1930’s What was an example of social, economic and political events that established systems for public regulation?
The Home Loans Guarnteed by Federal Government.
The housing built had to meet certain standards, land use and construction.
In zoning what are nonconforming uses mean?
Uses that do not comply with current zoning regulations, but were permitted by the zoning ordinances in effect when the structure was built.
Note: If the owner abandons the nonconforming use for a certain period of time, often three years, he may lose the right to exercise the non conforming use.
If a non building is razed or destroyed by fire, rebuilding must be in compliance with existing zoning standards.
What is conditional use?
This is a use that is permitted by a zoning authority with certain restrictions attached, when the proposed use is not normally permitted in that location.
What is a variance? And What is the process in getting a variance?
A variance request goes to a zoning board for review.
In theory, a variance is a granted only where exact and literal application of the ordinance would cause undue hardship or practical difficulties.
1st. Submit a petition to the zoning board requesting a change
2. A notice is published in the newpaper. Announcing a public hearing
3. A public hearing is held. Those are heard either opposing or favoring the change.
4. The board then makes a ruling either for or against
- Then Either the entire zone of the area is changed or just the specific parcel.
If it is just the specific parcel then its called spot zoning.
What is the Planned Unit Development (PUD)?
This is a new type of zoning that has been devised, which allows a mixture of uses not otherwise achievable in conventional zoning. In Practice however it is still not widely used.
What is Urban Infill Design?
Explores the possibility of fitting additional buildings into an area that has a low denisity. This is a sustainable design approach that saves energy by designing buildings that reuse existing infrastructure. (sewers, water supply lines etc..)
Note: The extended length of the fire fighter ladders was historically the basis for limiting heights. (life safety)
Single Family and duplex residences have a typ max height of 3 stories. While Apt buildings generally have no limitation.
What is the enviromental impact statement?
The National Policy Act of 1969 requires that for every major federal action that may affect the quality of human enviroment the responisble official must prepare a detailed statement discussing the enviromental impact of the proposed action. He must also prepare a statement describing any adverse affects that cannot be avoided and any irreversibe and irretrievable commitments of resources that would be involved.
What are the general topics required in an enviromental statement?
- A complete resource inventory of the existing conditions in the region and project site.
- A complete description of the proposed project.
- The enviromental impact assesment.
- Alternatived for the proposed project.
When can a governent take propoerty for public use from the owner without requirment to give them compensation?
The scenic easment concept ehich has recently con into use.
The purpose of such easment is to prevent the development of land that is of scenic value to the public.
