Lesson 5 Land Use Regulations (Zoning)

Question 1

What is Zoning?

Answer 1

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 2

What are the Purposes of Zoning?

Answer 2

The purposes of zoning are to regulate land use, prevent land use conflicts, and allow growth to occur in a planned manner. 
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 3

What does Zoning Regulate?

Answer 3

Land use
Lot Size
Density
Building placement
Building height
Building bulk
Setbacks
Provision of adequate light and air
Parking
Landscaping
Signage

Question 4

There are a number of people involved in zoning decisions, depending on the type.

Answer 4

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 5

Staff

Answer 5

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 6

Planning and Zoning Commission (P&Z)

Answer 6

The Planning and Zoning Commission is required to issue recommendations in matters of zoning. These recommendations are made to a governing body (e.g., 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 sites 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 may 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 7

Board of Zoning Appeals

Answer 7

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 ordinance, and appeals of staff’s administration of the zoning ordinance. Variances are discussed in more detail below.

The governing body appoints members to the board. As with the Planning and Zoning Commission, members are community members who volunteer their time.

Question 8

City Council (or County Commission)

Answer 8

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. In order for a community to adopt zoning, two separate documents must be created: the zoning text and the zoning map.

Question 9

Zoning Text

Answer 9

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 definitions, information on height restrictions, and procedures for zoning applications and appeals, or variances, to the zoning ordinance.

Question 10

Zoning Map

Answer 10

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 a 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. Remember that the number of land uses may dictate the colors and shades utilized on any map. The American Planning Association developed the Land Based Classification System which provides further detail on land use colors.

Question 11

Zoning Amendments

Answer 11

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 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 12

There are three different approaches to regulating land use in zoning:

Answer 12

Euclidean, cumulative, and modified cumulative.

Question 13

Euclidean Zoning

Answer 13

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.

Question 14

Cumulative Zoning

Answer 14

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

Question 15

Modified Cumulative Zoning

Answer 15

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 16

the text of a zoning ordinance

Answer 16

each zoning district

lists the permitted and conditional uses.

Question 17

Conditional use permits allow a certain use in a district only when it is compatible with its surroundings.

Answer 17

The conditional use permit is also known as a special use permit or specific use permit.

Question 18

The conditional use permit can be issued in one of two ways:

Answer 18

Run with the land
If the permit runs with the land, any new user is required to follow the same conditions.

Run with the ownership
If the permit runs with 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 19

A nonconforming use

Answer 19

a property use that existed prior to the adoption of district regulations and is allowed to continue under the “grandfather clause.”

Question 20

Some communities allow the use to continue indefinitely until it naturally ceases or for a set period of time.

Answer 20

The subsequent property use would then be required to be in conformance with the current zoning ordinance.

Question 21

In other communities, nonconforming uses are amortized.

Answer 21

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 ordinance determine a fair period of time during which the use will be allowed to continue before it must come into full compliance. This time period is based on the property owner’s original investment, the use of the property, and other factors that affect the owner’s potential income.

Question 22

a clause ends the nonconforming privileges

Answer 22

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.

Question 23

Signs are a common part of a property that can be amortized.

Answer 23

Many cities establish an amortization schedule to force nonconforming signs into conformance. Through this Policy Guide, APA supports the adoption of amortization “as compensation for a requirement to remove nonconforming billboards.”

Question 24

When cities annex land, the existing uses frequently become nonconforming.

Answer 24

Riverside, Calif., established an amortization schedule for signs that were nonconforming as a result of annexation. Blinking and rotating signs had to come into compliance with the sign ordinance within one year, while roof and freestanding signs are on a five-year amortization schedule.

Question 25

An accessory use

Answer 25

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).

Question 26

Planned Unit Development (PUDs)

Answer 26

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.

Question 27

An advantage of PUDs

Answer 27

that they 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.

Question 28

The zoning ordinance sets a minimum acceptable acreage for a PUD.

Answer 28

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.

Question 29

The following are examples of information that should be collected when reviewing a proposed PUD:

Answer 29

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.
Planned Unit Development regulations allow for a certain degree of flexibility between the developer and the community. However, it should be noted that PUDs can be a challenge from an administrative standpoint. They require more initial time to review and any time there is a change in the development, the PUD must be amended.

Question 30

overlay zoning districts

Answer 30

While a planned unit development district allows the property owner more freedom in determining the use and design of the property, overlay zoning districts place more restrictions on the property owner.

Question 31

Two common overlays are for airports and historic preservation.

Answer 31

An airport overlay district is placed on the area surrounding airports. The overlay district usually includes all land located under the 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 historic preservation 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 32

Variance

Answer 32

A variance is 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.

Question 33

A use variance allows a property to have a use not explicitly allowed under the zoning district regulations.

Answer 33

A use variance would allow the business to operate.

Question 34

An area variance

Answer 34

allows a property to be excluded from the physical site requirements under the zoning ordinance.

Question 35

In order for the community to issue a variance the property must meet specific requirements, including that:

Answer 35

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.

Question 36

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

Answer 36

The APA published a PAS Report titled Meeting the Big Box Challenge to address this topic as well as numerous articles in other APA publications.

Question 37

Concentrated animal feeding operations

Answer 37

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 organizations. See the PAS report Planning and Zoning for Concentrated Animal Feeding Operations.

Question 38

Right-to-Farm laws

Answer 38

which limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public organizations. See the PAS report Planning and Zoning for Concentrated Animal Feeding Operations.

Question 39

Floor Area Ratio (FAR)

Answer 39

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.

Question 40

Maximum parking standards

Answer 40

an 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. For example, some retailers provide enough parking for their busiest days of the year, leaving an empty parking lot for the rest of the year.
Donald Shoup’s The High Cost of Free Parking showed that 99% of parking in the U.S. is free, despite the negative impact.

Question 41

McMansion

Answer 41

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 surrounding 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.
The APA published a PAS report titled Too Big, Boring, or Ugly on this topic.

Question 42

Teardown

Answer 42

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.