Plan Implementation - Codes, Regulations, Policies

Question 1

Codes, Regulations, and Policies notes

Polices include investment decisions.

Codes (including zoning codes) = rules and regulations.

“Ordinance” = municipal law.
“Law” = general term used to describe any scale of government.

Question 2

Zoning Notes Definition

Separation of land uses/functions into separate districts (zones) and implemented through locally enacted legislation that regulates/controls the use of private property.

Question 3

Zoning Notes Purpose

1. Regulate land use
2. Prevent land use conflicts
3. Allow growth to occur in a planned manner.

Also…
1. Protect/maintain property values.
2. Promote public health/safety
3. Protect the environment
4. Promote the community’s aesthetic
5. Manage traffic
6. Manage density
7. Limit housing size/type or encourage a variety of housing types.
8. Attract business and industry

Question 4

Zoning Notes Regulatory Duties

1. Land use
2. Lot size
3. Density
4. Building Placement
5. Building Height
6. Building bulk
7. Setbacks
8. Provision of adequate light/air
9. Parking
10. Landscaping
11. Signage

Question 5

Zoning Process Participants

This group proves a professional recommendation to advisory boards and/or the Governing Body.

This group provides information to the public re. a community’s zoning ordinance and/or Land Development Code.

Reviews applications, writes reports, and makes recommendations.

Answer 5

City/County staff

Question 6

Zoning Process Participants

Issues recomendations in zoning matters to the Governing Body (City Council/Commission); however, sometimes this body’s determination is the final outcome.

Comprised of community residents/business owners/etc. Appointed by Governing Body.

Read staff reports, visit sites, and discuss at public hearings.

Need to think long-term.

Answer 6

Planning Commission or Planning and Zoning Commission

Question 7

Zoning Process Participants

Quasi-judicial board that hears variance requests (speical exceptions to the zoning ordinance/Land Development Code).

Also considers administrative appeals.

Members appointed by the Governing Body.

Volunteers. Community members

Answer 7

Board of Zoning Appeals/Adjustment

Question 8

Zoning Process Participants

Governing Body with final consideration of zoning requests.

Prior to formal adoption of zoning, Governing Body must create/adopt the zoning ordinance text and the zoning map.

Answer 8

City/County Council/Commission

Question 11

This document lays out the exact regulations that zoning is created to implement.

Must be adopted as law by the local governing body.

Must establish different zones applicable in the community and permitted uses in each zone (by right or by C/SUP.

Should define setbacks, parking, signs, maximum heights, etc. and include definitions, processes for various development applications, variances, and appeals.

Answer 11

Zoning Text/Ordinance

Question 12

Document that shows each property’s permitted uses in a color-cooridnated/coded map.

Typically labeled with letters, codes, or words.

Common Colors…
Yellow = single-family
Orange/brown = multi-family
Red = retail/commercial
Green = open space/parks
purple = industrial
Blue = institutional

Zoning amendments can be initiated by staff, PC, CC, or property owner/applicant.

Answer 12

Zoning Map

Question 13

First method of zoning amendment (change).

AKA text amendment (TA) which changes the requirements for ALL properties.

Answer 13

Amendment to zoning ordinance/code

Question 14

Second method of zoning amendment (change).

Changes the zoning district for a particular property.

Answer 14

Amendment to the zoning map.

Question 14

Zoning Approach 1/3

Named after an Ohio city.

Most protective restrictions placed on residential land uses. Single-family residential is at the top of the pyramid.

Fewer restrictions on commercial uses.

Virtually no restrictions on industiral uses.

Answer 14

Euclidean Zoning

Question 15

Zoning Approach 2/3

Less protective of land uses than Euclidean.

Single-family residential still most exclusive; however, each successive district allows all the uses from the previous zones.

Ex. a single-family house can be located in any district; however a factory can only locate in an industrial district.

Answer 15

Cumulative Zoning

Question 16

Zoning Approach 3/3

Allows cities to provide a greater degree of protection than they could with cumulative zoning.

Districts are cumulative; however, only with their respective use category (residential, commercial, and industrial).

Answer 16

Modified Cumulative Zoning

Question 17

This type of use requires approval by a governing body.

It is permitted but only when compatible with its surroundings and with additional review.

Extra conditions may vary based on proposed use’s location and surroundings.

Can run with the land OR run with the ownership/business. If with land, subsequent owners must follow original conditions. If with ownership/business, subsequent owners must obtain new permit which could be modified from previous permit.

Answer 17

Conditional/Special Use Permit

Question 18

This type of use existed prior to the adoption of district regulations and is allowed to continue under the “grandfather clause”.

Some communities let use run indefinitely or until the business/use naturally stops operating.

*Amortizations = community process that sets a definite period of time within which the use must come into compliance. Controversial as it requires planners to determine a fair period of time to transition from non-compliance to compliance. This time is period is based on the propert owner’s original investment, use of the property, and other factors that affect the owner’s potential income.

Most codes include loss-of-nonconforming status clauses (manmade/natural destruction or abandonment of nonconforming use).

Signs can be amortized into compliance. APA supports adoption of amortization “as compensation for a requirement to remove nonconforming billboards”.

Amortization schedule may be based on nonconforming element’s annexation date or physical characteristics.

Answer 18

Amortization

Question 19

A use that is incidental to the main use of a property.

Typically located on the same lot as the main use and smaller in size than the main use.

Answer 19

Accessory Use

Question 20

A unique zoning tool that is used as an alternative to strict, traditional zoning standards.

Best for large, mixed-use developments.

Unique set of standards (instead of regular zoning) is approved by the Governing Body via a development site plan.

Planned entirely up front. Site planning is key element.

Since they’re planned upfront, increased residential density, mixed-use, reduced street widths, innovative subdivision techniques, and more intense land uses may be approvable by the Governing Body.

In return, developers offer more open space, rec. trails, landscaping, etc.

Zoning code sets minimum acreage/size standard.

Zoning tied to the site plan. Future revisions to the site plan are basically a rezoning.

Plan should include…
1. Location of the property and all abutting properties/streets.
2. Location/size of streets w/in development.
3. Location and proposed use of buildings w/in development.
4. Location/capacity of the nearest infrastructure/public facilities.
5. Proposed landscaping and pedestrian ways.
6. Location of open space.
7. Sign sizes and location.

Administratively challenging - PUD needs amending with each site change.

Answer 20

Planned Unit Development (PUD)

Question 21

This type of zoning district places more restrictions on a propert owner via adopted, additional restrictions set over an existing zone.

Ex. airports (due to aircraft noise and height - highest restrictions/lowest heights in loudest areas closest to the airport) and and historic preservation of neighborhoods and/or architectural elements. Often requires HRC architectural review.

Other examples - neighborhood revitalization zones, floodplain overlay, enterprise zones, and foreign trade zones.

Answer 21

Overlay Zoning

Question 22

*Change in the terms of the zoning regulations due to economic or physical hardship.

Allows a property to build/maintain a use not explicitly allowed under the zoning district regulations.

Answer 22

Use Variance

Question 23

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

1. Must be unique physical/economic hardship.
2. The variance will not result in a reduction in property values.
3. The property owner did not cause the need for the variance.
4. The variance is not contrary to the spirit of the zoning ordinance.

Answer 23

Area variance

Question 24

This type of retail has at least 50,000 square feet in one suite.

Answer 24

Big-box Retail

Question 25

This type of agriculture includes the practice of raising farm animals indoors and in high volumes.

Local governments may be limited in their regulation of these due to right-to-farm laws (limit regulation of commercial farms and limit lawsuits by private/public organizations).

Answer 25

Concentrated Animal Feeding Operation (CAFO)

Question 26

This is the ratio of a building’s total floor area (gross) to the size of the piece of land which it is built.

Used in downtowns to control access to light and air.

FAR of 0.1 means the maximum building area on a 10,000 sq. ft. lot is 1,000 sq. ft.

Answer 26

Floor Area Ratio (FAR)

Question 27

Alternative to minimum parking standards.

Cap the amount of parking that a property owner/business can provide.

Helps reduce impervious surface coverage and overparking.

Supports the pedestrian realm rather than accommodating a retailer’s busiest single day of the year.

Per Donald Shoup, 99% of US parking is free.

Answer 27

Maximum Parking Standards

Question 28

Large, mass-produced houses with perceived negative impacts.

AKA parachute home (not compatible with neighboring properties).

The final end product of a “teardown”

Answer 28

McMansion