OBJ 2.1 Flashcards
Allowable area
Building codes set maximums on allowable areas of buildings. Allowable area depends on construction type, occupancy classification, frontage, and sprinklers.
Zero lot line
A zero lot line building is one that is built right up to the property line.
Building envelope
A building envelope is the maximum three-dimensional space on a zoning lot within which a structure can be built, as permitted by applicable height, setback, and yard controls.
Penthouse
Penthouses are special top-floor enclosures that are not counted as separate stories. The area and occupancy of a penthouse is governed by building codes.
Mezzanine
A story between two main stories in a building, usually with a low ceiling. Mezzanines are a way to add area to a building without adding stories. Mezzanines are limited to 1/3 of the area of the floor directly below.
Homestead Act
Passed by Congress in 1862, this act transferred a large amount of public land to private ownership. It allowed for 160 acres of land to be given free to anyone who built a house and lived on the land for five years.
Wetlands
Areas that are saturated by surface water or groundwater at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions.
Riparian rights
System of rights and duties that determine reasonable use, duties, and allocation of water to owners of waterfront properties. A person must own land adjacent to a body of water to be considered a riparian owner. These rights cannot be sold or transferred other than with adjoining land, and water cannot be transferred out of the watershed.
Eminent domain
Owner is required to relinquish his property to a government entity if the property is needed for a public project or for an overriding public need, such as with a structure in the way of an aircraft flight path.
Air rights
Right to use the open space above the land or above existing structures. It can be sold or leased.
Variance
A deviation from the zoning regulations applicable to a land parcel. This is used when zoning ordinances create undue hardship on a property owner or a zoning ordinance does not completely cover unusual conditions.
Nonconforming use
This use is no longer permitted by zoning ordinance. If a new zoning ordinance is applied to an existing development, some properties may contain nonconforming uses. These uses are allowed to continue unless deemed unsafe, the owner stops using the property in its original fashion, or the property is destroyed or demolished by fire. Any new use must be in compliance with zoning standards.
Conditional use permit
This permit is granted by a zoning board for a special purpose for the welfare and convenience of the public. It allows nonconforming uses if the property owner meets certain restrictions and the use is in the public interest.
Spot zoning
This designation is used when a parcel of land has a use classification different than that of surrounding parcels to favor a particular owner.
Buildable area
This is lot area minus the required setbacks. Structures are only allowed to be built in this area.
Lot line
A line dividing one lot from another or from a street or any public place.
Estimated space needed for each car in a parking lot
300–350 square feet (includes drive aisles).
What zoning ordinances regulate
- Types of land use allowed
- Intensity or density of development
- Height, bulk, and placement of structures
- Number and design of parking facilities
- A number of other aspects of land use and development activity
Standard Zoning Enabling Act
Law enacted in the 1920s by the U.S. Department of Commerce that laid the foundation for zoning laws in most of the country. The act reflects an interest in protecting the value of private investment by separating incompatible land uses and ensuring the availability of light and air circulation through height and bulk controls.
What two components are zoning ordinances comprised of?
- The ordinance text
2. Official map or series of maps
Permitted by “right” uses
Uses permitted as long as they comply with other applicable standards.
Permitted conditional or special uses
May be compatible with the district’s permitted uses but are subject to discretionary review and supplemental standards intended to ensure that the particular proposed use is compatible with other uses permitted in the district.
Permitted accessory uses
Uses incidental or subordinate to the district’s permitted principal uses.
Prohibited uses
Uses specifically declared as not allowed in a zoned district or not allowed there in specific circumstances.
Maximum density
Expressed as a number of dwelling units per acre. Used for multi-family and planned unit development.
Minimum lot size
Inverse of maximum density; lot size may be converted to density by dividing the lot size into a number of square feet in an acre. Generally used for single-family and two-family dwellings.
Maximum floor area ratio
The maximum ratio of building floor area to land area. This is more commonly applied to nonresidential development.
Maximum building height
Expressed as number of feet, but sometimes expressed as the number of stories. Typically varies among districts in relation to the types of uses allowed and in proportion to the maximum density/intensity allowed.
Minimum yard depth or minimum building setback
Used to preserve open space or separation between buildings and lot boundaries and between neighboring buildings. This varies among districts in proportion to the maximum intensity/density allowed.
Maximum building coverage
Usually expressed as a percentage of lot area, it limits the size of the building footprint.
Maximum impervious surface
Limits the percentage of a site’s land area that may be covered or paved; it is used to limit rainfall runoff and stormwater impacts and facilities.
Maximum building envelope standards
Controls the scale of buildings in designated neighborhoods or zoning districts.
Parking and loading standards
Dictates how much off-street parking space should be provided for the loading and unloading of trucks. Based on some measurement of the use’s intensity.
Landscape planting standards
Typically requires some portion of development sites or at least parking lots to be landscaped to soften the visual effect of the development or parking lot and reduce the heat island effect.
Maximum front or side setbacks
Used to bring buildings closer to the street or to each other, creating a more pedestrian-friendly design.
Nonconformity standards
These address how to treat a land use, structure, or other feature of a development that was legal when established but would not be allowed under current zoning regulations.
Appeal and variance provisions
These provisions set forth the processes by which aggrieved parties may appeal alleged errors in administrative decisions, including interpretations to the zoning board, and by which the board may relax normally applicable standards in certain conditions.
