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AICP Prep > Zoning and Land Use > Flashcards

Zoning and Land Use Flashcards

1
Q

Zoning

A
  • separation of land uses or functions into separate districts
  • implemented through local legislation
  • regulates and controls the use of private property
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2
Q

Purposes of zoning

A
  • regulate land use
  • prevent land use conflicts
  • allow growth to occur as planned
  • protect and maintain property values
  • promote public health and safety
  • protect the environment
  • promote the aesthetic of a community
  • manage traffic
  • manage density
  • limit housing size and type, or encourage a variety of housing types
  • attract businesses and industries
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3
Q

What does zoning regulate?

A
  • land use
  • lot size
  • density
  • building placement
  • building height
  • building bulk
  • setbacks
  • provision of adequate light and air
  • parking
  • landscaping
  • signage
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4
Q

Role of government staff in zoning

A
  • provide information to the public regarding the zoning ordinance
  • review applications
  • write reports for Planning and Zoning Commission and Board of Zoning Appeals
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5
Q

Planning and Zoning Commission

P&Z

A
  • issues recommendations in matters of zoning to governing body (City Council, Commissioners, Board of Aldermen)
  • in some cases they render final approval
  • made up of community residents and business owners volunteering their time
  • appointed by governing body
  • review staff reports, visit sites, participate in dicussions with applicants
  • should think long term - a zoning change now could allow a property to be used for any allowable use in that zoning district moving forward
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6
Q

Board of Zoning Appeals

Board of Zoning Adjustment

A
  • quasi-judicial
  • hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff’s administration of the zoning ordinance
  • members are appointed by governing body
  • made up of community members who volunteer their time
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7
Q

City Council (or County Commission) role in zoning

A
  • often has final say on zoning issue
  • P&Z makes recommendations on zoning to City Council
  • Council makes final decision on whether to approve or disapprove a case
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8
Q

Zoning Ordinance/Code/Text

A
  • lays out exact regulations
  • must be adopted as law by local governing body
  • must establish different zones and the uses allowable in each zone (by right or conditional)
  • defines requirements for setbacks, parking, signs, height restrictions, etc
  • define/outline procedures for zoning applications, appeals, variances
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9
Q

Zoning Map

A

color-coded map showing which land uses are allowable where

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10
Q

Zoning/Land Use standard color codes

A
  • Single-family residential = yellow
  • multifamily residential = shades of orange and brown
  • retail and commercial = red
  • open spaces and parks = green
  • industrial = purple
  • institutional = blue
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11
Q

What are the 2 ways zoning can be changed?

A
  • amendment to the zoning ordinance/text
  • amendment to the zoning map

these can be initiated by staff, P&Z, governing body, or property owner

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12
Q

amendment to zoning ordinance

A
  • changes requirements for all properties
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13
Q

Amendment to zoning map

A

changes the zoning district on a particular property

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14
Q

Euclidian Zoning

A
  • most protective restrictions on residential land uses, less on commercial, virtually none on industrial
  • pyramid
  • most restrictive category (single-family) at top of pyramid
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15
Q

Cumulative zoning

A
  • less protective of various land uses than Euclidean zoning
  • single family districts are most exclusive
  • each successive zoning district allows uses from the previous zones

for example, a person could build a single family home in any district, but a factory could only locate in an industrial district

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16
Q

Modified Cumulative Zoning

A
  • allows cities a greater degree of protection than cumulative zoning
  • districts are cumulative by type of land use

for example, multifamily district would allow both single-family and multifamily. However, an industrial distict would not allow residential uses.

17
Q

What is the difference between permitted and conditional uses?

A
  • permitted uses can be established/opened without asking the city for permission
  • conditional uses require approval from the city and a Conditional Use Permit/Special Use Permit/Specific Use Permit
18
Q

What are the 2 ways conditional use permits can be issued?

A
  • run with the land = any new user is required to follow the same conditions
  • run with the ownership = if ownership changes, the city must review the circumstances and issue a new permit, which offers opportunity to modify conditions
19
Q

Nonconforming use

A
  • property use that existed prior to the adoption of district regulations and is allowed to continue under the “grandfather clause”
  • some communities allow to continue indefinitely until it naturally ceases. Subsequet uses required to conform with current ordinance.
  • Other communities amortize conforming uses: set a definite period of time to come into compliance with ordinance.
  • most state that if a certain percentage of the use is destroyed or discontinued (for set period of time) the nonconforming privileges are terminated.
20
Q

Accessory Use

A
  • one that is incidental to the main use of a property
  • typically located on same lot as main use
  • smaller in size than main use

examples: outside sales, outside storage, telecommunications tower, home occupations, garage apartment.

21
Q

Planned Unit Development

PUDs

A
  • typically used for large developments with a mix of uses
  • different set of controls, and more flexability (typically) than standard zoning/subdivision regulations
  • entire site plan is reviewed by governing body
  • planned entirely upfront, beneficial but time/resource consuming
  • allow for more innovative development design
  • often include increased community amenities and open space
  • minimum acceptable acreage
  • zoning tied to detailed site plan; if plan or construction deviates substantially, an amendment is required
22
Q

What information should be collected when reviewing a PUD?

A
  • location of property and all abutting properties and streets
  • location and size of streets within the development
  • location and proposed use of buildings within the development
  • location and capacity of the nearest infrastructure and public facilities
  • proposed landscaping and pedestrian ways
  • location of open space
  • sign sizes and locations
23
Q

Overlay Zoning

A
  • set of additional restrictions placed over the top of an existing zone

common examples: airports, historic preservation
other examples: neighborhood revitalization zones, flood hazard areas, enterprise zones, foreign trade zones

24
Q

Airport overlay district

A
  • placed on the area surrounding airports
  • usually includes all land located under the flight patterns of aircrafts in bands that represent noise level
  • land located in the noisiest bands generally have heaviest restrictions on land use (such as no residential)
  • may be height restrictions for areas closest to landing strips
25
Q

Variance

A
  • change in the terms of the zoning regulations due to economic or physical hardship
  • two types: use variance and area variance
26
Q

What are the 2 types of variances?

A
  • use variance = allows a property to build and maintain a use not explicitly allowed under the zoning district regulations
  • area variance = allows a property to be excluded from the physical site requirements, such as setbacks
27
Q

What requirements must be met for a property to receive a variance?

A
  • there is a unique physical or economic hardship
  • variance will not result in reduction in property values
  • property owner did not cause the need for the variance
  • variance is not contrary to the spririt of the zoning ordinance
28
Q

Big box retail

A

generally 50,000 square feet or more

29
Q

Concentrated animal feeding operations

A
  • include practice of raising farm animals indoors and in high volumes
  • Right-to-Farm laws limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public organizations
30
Q

Floor Area Ratio

FAR

A
  • ratio of a building’s total floor area (gross) to the size of the land upon which it is built

FAR of 0.1: a lot of 10,000 sf can have a building of no more than 1,000 sf

31
Q

Maximum parking standards

A
  • alternative to conventional parking minimums
  • cap amount of parking a property owner or business can provide
32
Q

McMansion

A

term describing large houses that are mass produced and have perceived negative impacts on the community

33
Q

Parachute home

A

describes a scenario where a home is dropped (almost randomly) into an area where it clearly does not fit with the neighborhood’s character

34
Q

teardown

A
  • refers to the demolition of a home for the purpose of building a larger home on the same lot
  • frequently occurs in large cities and in neighborhoods conventient to employment centers

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