Planning & Zoning Flashcards
a board with the primary purpose of developing a municipality’s master plan. It also advises other boards on planning issues, takes specific zoning actions, and advises legislators on zoning and planning issues.
Depending on where you live, the planning authority could be called the planning commission, planning committee, or department of planning. (Ah, the delightful regional variations of municipal government.)
However, planning boards all have a similar overarching mission: planning!
planning board
A subdivision or development where property owners pay fees to nonprofit corporation or association of owners is known as a planned community. These developments are popular in metropolitan areas in Arizona, such as Phoenix. In addition to homes, planned communities often include amenities for residents like clubhouses, sports facilities, and parks that fees help to maintain.
Those who buy a property in a planned community with more than 50 units will receive information regarding the corporation or association that runs and maintains it, including:
The association’s declaration, rules, and bylaws
A statement that includes all fees and contact information
Financial reports and operating budgets
All residents must agree to these fees and terms, whether the property is new or previously owned. Like property taxes, the fees that are collected by homeowners must be paid, even if they don’t want to use that fancy Olympic-sized swimming pool. Failure to pay these fees can even lead to an eventual foreclosure on the property.
Planned Communities in Arizona
How land is used: Is this land residential? Industrial? Commercial? Depends on the zone.
Minimum lot size: What is the smallest “buildable” lot size?
Maximum building height: How tall can the tallest building be?
Kinds of structures that are allowed: The zone you’re in will determine the permitted structures.
Setback: How far from the street (and other buildings) a building has to be.
Density: The maximum allowable number of units — denser areas allow more people per square mile, less dense areas allow fewer.
Parking spaces: Zoning regulations can require builders to create parking for residents, especially in dense areas.
How air rights can be transferred: Some places allow residents to sell their air rights.
How natural resources can be used in the area: Water rights, conservation requirements, wetland protections, mineral rights, and other environmental concerns are part of zoning.
How much land is set aside for public use and infrastructure: This includes land for streets, schools, hospitals, utility right-of-ways, parks, green space, and more.
Historic preservation and landmark sites: Sometimes these are overseen and regulated by a separate committee and set of laws, and sometimes they are part of zoning.
Limits on accessory buildings: What kind of structures other than a home can be built on a residential lot?
Lot coverage: What’s the maximum square footage that can exist on a given lot?
What Does Zoning Regulate?
variance
permission granted by the government so that property may be used in a manner not allowed by the current zoning
non-conforming use
any property use with is inconsistent with the land use controls for that area, regardless of legality
density
the number of people living in a square mile (or kilometer) of space
special exception (special use permit) a variance that allows an out-of-zone use that benefits the community, and is included as a permitted special use in a zoning ordinance
Key Terms
Here are the concepts and principles you’ll want to master from this chapter.
Master Plans
The main task of planning boards is to create a master plan for a municipality. A master plan balances the area’s social and economic needs against its environmental and aesthetic needs. The priorities in a master plan will also help to set the zoning regulations. Once the plan is complete, the local legislative body will vote to adopt or reject it.
Typically, the steps of a master plan look something like this:
Identify major issues
Survey and analysis
Identify goals and objectives
Develop a plan
Review the plan
Implement and evaluate
Once the plan is in place, the next step is zoning.
Zoning
Zoning regulations happen at the municipal level, so regulations will vary depending on the municipality. These regulations will change in order to match the needs of a changing municipality. Some common zoning classifications include residential, commercial, agricultural, and recreational land. The zoning classification for a parcel of land will dictate how the land can be used, and what can be built on it.
Zoning is enforced through both zoning laws and building code. As a general rule of thumb, zoning deals with land and building code deals with buildings.
When a municipality creates zoning laws, they usually also create a zoning board of appeals, which is in charge of interpreting zoning law and also granting variances and special-use permits to anyone wanting to break zoning law. The three main types of zoning variances are:
Use variance – This variance deals with types of use, and permits a use of land which is proscribed by the zoning regulations.
Area variance – This variance deals with the physical land, and permits the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
Special exception – This allows 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.
Key Concepts & Principles
