Unit 19

Question 1

Subdivision Platt Approval

Answer 1

A developer planning to create a subdivision must submit a subdivision plat to the planning commission for approval. A developer is not issued a building permit until final approval is granted by the planning commission. When approval is received, the developer may proceed to record the plat in the public records and receive a building permit.

Question 2

Site Plan Approval

Answer 2

The site plan serves the same function that a subdivision plat serves for a subdivision. It is a detailed plan of how the project is to be developed, how traffic and parking will be dealt with, and what impact on neighboring properties may be expected. This is an area in which the expertise of the planning commission’s support staff can be of great assistance. Reviewing and checking site plan proposals require painstaking attention to detail and a well-rounded background of information. This ensures compliance with all physical, economic, and environmental requirements.

Question 3

Sign Control

Answer 3

More and more cities are exercising control over signs. The primary aim of sign control are to minimize distraction to motorists and to eliminate actual safety hazards created by signs at blind corners, lighted signs that glare into the eyes of drivers at night and the like. Any aesthetic improvement resulting from sign control is a welcomed by-product.

Question 4

Formula: Buildable Lots in a Tract

Answer 4

43,560 sq/ft per acre × percent available for lots = Sq/ft available for lots per acre.
Sq/ft available for lot per acre × number of acres in tract = total available sq/ft;
Total available sq/ft ÷ minimum sq/ft per lot = number of buildable lots in a tract.
* Example: A tract of 100 acres is being developed. The applicable zoning requires a minimum of 9,000 square feet per residential lot. The developer must set aside 25% of the acreage for streets, sidewalks, and so forth. How many buildible lots are in the tract?
*Answer: 43,560sq/ft per acre × .75 available for lots = 32,670 sq/ft available for lots per acre 32,670 × 100 = 3,267,000
3,267,000 ÷ 9,000 = 363 buildable lots.

Question 5

Commercial Zoning

Answer 5

The purpose of commercial zoning is to regulate intensity of use. Commercial zoning regulates parking requirements and building height and size limitations. Zoning ordinances often create a buffer zone between residential and commercial zones. A buffer zone is a strip of land separating one land use from another. Frequently, the buffer zone will allow multifmily zoning (for example, apartments) next to single-family residential areas, then a professional business zone, then higher intensity commercial zones.

Question 6

Legally Nonconforming Uses

Answer 6

If a propertie’s use was lawfully established but no longer conforms to the use regulations of the zone in which it is located because of the enactment of a new zoning ordinance, the use is allowed to continue as a nonconforming use. For example, a small neighborhood gas station might have located in an area that was later zoned residential. The gas station is grandfathered as a nonconforming use.
** The US Constitution prohibits depriving a person of property without due process or fair compensation. Local governments may not employ eminent domain powers to correct nonconforming uses unless the property is taken for a public use. The method used to correct a nonconforming use very around the state. Most zoning authorities allow a time period long enough for nonconforming property owners to recapture their investment in the property. After the expiration of this designated period the property owner must convert the use of the property to that use for which the area is zoned. If during the designated period the structure on the property is damaged or more than fifty percent destroyed, the property must be converted to a use that conforms to area zoning. Other communities allow a legal nonconforming use to continue until ownership changes. Nonconforming use properties usually are not permitted to be increased in size or to undergo structural changes. Most zoning authorities restrict repairs and maintenance of such properties to those needed for sanitation and safety purposes. These procedures are designed to result in all properties, eventually becoming conforming use properties.