Planning and Zoning

Question 1

A master plan is

Answer 1

The master plan sets out a community’s goals and priorities for land use and urban planning. From there, zoning ordinances can be created.

Question 2

After reviewing physical surveys and data in a particular area, what would the next steps be in creating the master plan?

Answer 2

After reviewing the data, the planning commission will develop goals for the community. Then they will build the plan toward these goals. The plan creation might look like this: 1. Focus: identify major issues 2. Inventory: survey and analysis 3. Identify goals and objectives 4. Develop a plan 5. Review the plan 6. Implement and evaluate

Question 3

The North Carolina enabling acts enable…

Answer 3

zoning authority primarily under two sections of the General Statutes: Article 19 of Chapter 160A for cities and Article 18 of Chapter 153A for counties

Question 4

extra-territorial jurisdictions (ETJs)

Answer 4

These areas outside the incorporated limits but subject to the zoning restrictions of a municipality are called

Question 5

Because there is no conformity of zoning codes or definitions, it is critical for brokers to check with local _____ before answering any questions about zoning.

Answer 5

municipalities

Question 6

Making Zoning Regulations involve

Answer 6

The planning commission makes suggestions for the zoning map and zoning laws after they make the master plan. Then, the local government can choose to turn those suggestions into laws called zoning regulations.

Question 7

Upzoning means…

Answer 7

changing an area’s zoning to allow for more density

Question 8

Downzoning refers to…

Answer 8

Changing an area’s zoning to restrict the density.

Question 9

Inconsistent zoning (or inconsistent application of zoning regulations) can lead to…

Answer 9

Discriminatory or unfair housing situations.

Question 10

What is as-of-right zoning?

Answer 10

As-of-right development is a development that doesn’t require approval from a community board, planning commission, or board of zoning appeals because it falls within the zoning standards for the area. As-of-right zoning allows for as-of-right development.

Question 11

Incentive zoning is…

Answer 11

When zoning ordinances are relaxed (usually adding more density than would normally be allowed, which is called a density bonus) because a developer is building something deemed in the public interest.

Question 12

Inclusionary zoning is a type of incentive zoning that offers…

Answer 12

Density bonuses to developers for including affordable housing, senior housing, or multi-unit housing in a development.

Question 13

Cluster zoning (also called density zoning or conservation-oriented development) is…

Answer 13

Another way that communities can create more affordable housing options is by changing density. That allows a developer to create one collection of dense housing and a lot of green space on a parcel instead of equally spaced single-family homes.

Question 14

A floating zone is…

Answer 14

A flexible zone that is used to encourage a certain, desirable kind of development. So, in a single-family home neighborhood, for example, if the town’s planning commission decides it would be nice to have a mixed-use shopping-residential center there, they could create a floating zone for that use.

Question 15

An overlay district is…

Answer 15

A type of zoning that is superimposed over another type of zoning. The overlay zone can modify the use of the original zone.

Question 16

Historic preservation zoning…

Answer 16

Historic preservation zoning might prevent certain kinds of development in historic districts or require property owners in those districts to use certain materials or historically appropriate styles for updates to their homes. Or they might have funding to place plaques and other interpretive signage on buildings with historical significance.

Question 17

Aesthetic zoning is…

Answer 17

To require that new buildings conform to specific types of architecture or appearance.

Question 18

Buffer zones are…

Answer 18

Areas that separate two different zones to give each one a little breathing room. Like maybe you don’t want your residential zone right up against the edge of your industrial zone, so you slide a buffer zone in there with a nice little park, berm, or other transitional space.

Question 19

Zoning boards of adjustment are…

Answer 19

Created to hear complaints about the effects of zoning ordinances on specific parcels of property.

Question 20

A nonconforming use happens when…

Answer 20

A property was operating within zoning law, but then the law changed in a way that prohibited the established use. Nonconforming uses are usually allowed to continue but not to expand.

Question 21

This is called being grandfathered, which means

Answer 21

Existing structures are not required to change to meet new zoning regulations.

Question 22

Buyers should never ____ a nonconforming use that can continue after the transfer of ownership or destruction of improvements. As a broker, it’s important to relay this information to a potential buyer!

Answer 22

assume

Question 23

A special use permit (also known as a conditional-use permit) allows

Answer 23

Specific kinds of uses in a zone that aren’t the main use of that zone, as long as the property owner meets certain requirements.

Question 24

To qualify for a variance, the _____ of the homeowner’s lot must be incompatible with meeting the requirement, AND it can’t be their own fault they’re in this mess.

Answer 24

size, shape, or topography

Question 25

What is a variance?

Answer 25

Variances, unlike special exceptions, have to do with the physical “inherent” characteristics of a property.

Question 26

Spot zoning is

Answer 26

Rezoning a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of that property and to the detriment of other property owners.

Question 27

Zoning Amendments are

Answer 27

Another kind of change a planning commission can make is an amendment. An amendment is also changing the zoning in a specific area. The difference is, that spot zoning benefits the landowner only, while an amendment is made for the benefit of the community, or in accordance with a master plan.

Question 28

not dictated by zoning rules but instead chosen by developers and planners

Answer 28

buffer zone

Question 29

Properties in this zone must obtain a “certificate of appropriateness” before the property can be materially altered, restored, moved, or demolished.

Answer 29

historic preservation zone