Zoning and Land Use Flashcards
Zoning
- separation of land uses or functions into separate districts
- implemented through local legislation
- regulates and controls the use of private property
Purposes of zoning
- 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
What does zoning regulate?
- land use
- lot size
- density
- building placement
- building height
- building bulk
- setbacks
- provision of adequate light and air
- parking
- landscaping
- signage
Role of government staff in zoning
- provide information to the public regarding the zoning ordinance
- review applications
- write reports for Planning and Zoning Commission and Board of Zoning Appeals
Planning and Zoning Commission
P&Z
- 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
Board of Zoning Appeals
Board of Zoning Adjustment
- 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
City Council (or County Commission) role in zoning
- 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
Zoning Ordinance/Code/Text
- 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
Zoning Map
color-coded map showing which land uses are allowable where
Zoning/Land Use standard color codes
- Single-family residential = yellow
- multifamily residential = shades of orange and brown
- retail and commercial = red
- open spaces and parks = green
- industrial = purple
- institutional = blue
What are the 2 ways zoning can be changed?
- amendment to the zoning ordinance/text
- amendment to the zoning map
these can be initiated by staff, P&Z, governing body, or property owner
amendment to zoning ordinance
- changes requirements for all properties
Amendment to zoning map
changes the zoning district on a particular property
Euclidian Zoning
- most protective restrictions on residential land uses, less on commercial, virtually none on industrial
- pyramid
- most restrictive category (single-family) at top of pyramid
Cumulative zoning
- 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
Modified Cumulative Zoning
- 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.
What is the difference between permitted and conditional uses?
- 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
What are the 2 ways conditional use permits can be issued?
- 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
Nonconforming use
- 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.
Accessory Use
- 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.
Planned Unit Development
PUDs
- 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
What information should be collected when reviewing a PUD?
- 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
Overlay Zoning
- 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
Airport overlay district
- 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
Variance
- change in the terms of the zoning regulations due to economic or physical hardship
- two types: use variance and area variance
What are the 2 types of variances?
- 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
What requirements must be met for a property to receive a variance?
- 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
Big box retail
generally 50,000 square feet or more
Concentrated animal feeding operations
- 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
Floor Area Ratio
FAR
- 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
Maximum parking standards
- alternative to conventional parking minimums
- cap amount of parking a property owner or business can provide
McMansion
term describing large houses that are mass produced and have perceived negative impacts on the community
Parachute home
describes a scenario where a home is dropped (almost randomly) into an area where it clearly does not fit with the neighborhood’s character
teardown
- 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
