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Areas of Practice

Lesson 5 Land Use Regulations (Zoning)

What is Zoning? Separation of land uses Regulates and controls the use of private property
What does zoning do? Protect and maintain property values Promote public health and safety Protect the environment Promote the aesthetic of a community Mange traffic Manage density Encourage a variety of housing Attract business and industries
What does zoning regulate? Land use Lot size Density Building placement Building height Setbacks Provision of adequate light and air Parking Landscaping Signage
Planning and Zoning Commission (P&Z) Made up of community residents and business owners Members are appointed by the governing body
What does the Planning and Zoning Commission do? Read staff reports, visit site prior to meetings, and come prepared to participate in discussions with applications at P&Z meetings
Board of Zoning Appeals Also known as Board of Zoning Adjustment or Zoning Board of Adjustment Quasi-judicial board Members are community members who volunteer their time
What does the Board of Zoning Appeals do? Hear cases for variances, special exceptions to the zoning ordinance, and appeals of staffs administration of the zoning ordinance
City Council (or County Commission) Governing body of a city
What does the City Council do? Often has final say on zoning issues Planning and zoning commission makes recommendation on zoning cases to City Council Charged with making the final decision on whether to approve or disapprove a case
What do you need to adopt zoning? 1. Zoning text 2. Zoning map
Zoning Text Lays out the exact regulations that the zoning is created to implement It is a document that is adopted as law by the local governing body
What must the Zoning Text do? (1) Must, at a minimum, establish the different zones applicable in the community and the uses allowable in each zone, either by right or with a conditional use permit
What must the Zoning Text do? (1) Should define various requirements for setbacks, parking, signs, and include definitions, information on height restrictions, and procedures for zoning applications and appeals, or variances, to the zoning ordinance
Zoning Map Zoning map is where zoning clearly becomes applicable to individual properties
What do you need for a Zoning Map? Color-coded map that shows which types of land uses are allowable where It is generally detailed city map overlaid with various colors/patterns depicting the type of zoning for each property
Zoning Map Districts Codes, either by color or letter, that depicts different zoning districts
Zoning Amendments Changes a zoning ordinance/text or zoning map Amendments can be initiated by staff, the planning and zoning commission, the governing body, or at a property owners request
Zoning Amendments (2) Amendments allow the community to be flexible and responsible to the changing needs of the community
Zoning Map Amendment Changes the zoning district on a particular property
Zoning Ordinance Amendment Changes the requirements for all properties
Euclidean Zoning Named after City of Euclid, OH Places most protective restrictions on residential land uses, less on commercial uses, and virtually none on industrial uses
Cumulative Zoning Less protective of various land uses than Euclidean Zoning Single-family residential districts are he most exclusive Cumulative zoning each successive zoning district allows all uses from the previous zones
Modified Cumulative Zoning Developed to allow cities to provide a greater degree of protection than they could with cumulative zoning Districts are typically cumulative by the type of land use
Conditional Use Permit Allows the governing body to place conditions on particular businesses
How can Conditional Use Permit be issued? Run with the land: any new user is required to follow the same conditions Run with the ownership: conditions can be modified when a new conditional use permit is requested & allows the community to review ownership/use changes
Nonconforming Use (1) Is a property use that existed prior to the adoption of district regulations and is allowed to continue under the "grandfather clause"
Nonconforming Use (2) Can be controversial because it requires the administrator of the ordinance to determine a period of time before the use must become compliant
Accessory Use Uses of land that are found on the same parcel as the principal use but are subordinate and incidental
What do Accessory Use 's do? Use that is incidental to the main use of a property Typically located on the same lot as the main use and smaller in size than use
Planned Unit Development (PUDs) Unique zoning tool that can offer on alternative to strict zoning regulations Allow for a certain degree of flexibility between developer and the community
When are PUD's used? Typically used for large developments that include a mix of uses
Advantages of PUD's Planned entirely with attention to a site plan Allows for innovative design Allows for increased density or reduction in street width
Overlay Zoning Set of additional restrictions that are places over the top existing zone
Common Overlay Zones Airports Historic preservation Flood hazard area Transit oriented developments
Variance Change in the terms of the zoning regulations due to economic or physical hardship
Two types of variances Use variance Area variance
Use Variance Allows a property to have a use not explicitly allowed under the zoning district regulations
Area Variance Allows a property to be excluded from the physical site requirements under the zoning ordinance
Big-Box Retail Generally has 50,000 or more square feet in a large box
Concentrated Animal Feeding Operations (CAFO's) Includes the practice of raising farm animals indoors and in high volumes
Floor Area Ratio (FAR) Ratio of a buildings total floor area (gross) to the size of the piece of land upon which it is built FAR is most frequently used in downtown areas to help control for light and air FAR = floor area/lot area
Maximum Parking Standards Caps the amount of parking that any user can provide Addresses the problem of over parking sites and providing excessive impervious cover
McMansion Large houses that are mass produced and have perceived negative impacts on the community
Teardown Refers to the demolition of a home for the purpose of building a larger home on the same lot
Growth Management Set of techniques used by the government to ensure that as population grow that there are services available to meet their demands
Edge City Concentration of business, shopping and entertainment outside a traditional downtown in what had previously been residential or rural
Smart Growth Concentrations growth in compact walkable urban centers to avoid sprawl
Created by: amshinn18
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