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Codes, Regs and Poli
Plan Implementation: Codes Regulation and Policies , AICP Nov 2022 Test
| Term | Definition |
|---|---|
| Zoning | Separation of land uses or functions in separate districts. Implemented through local enacted legislation that regulates and controls use of private property |
| Zoning Purpose | Regulate land use and allow growth to occur in a planned manner |
| Zoning Can also Address | Protect and main prop value; Promote public health and safety; Protect env; Promote the aesthetics; Manage traffic; Manage density; Limit housing size and type, or encourage a variety of housing types; Attract businesses and industries. |
| Zoning Regulates | Land Use Lot Size Density Building placement Building height Building bulk Setbacks Provision of adequate light and air Parking Landscaping Signage |
| Zoning Regulators | Local Gvmt Staff, City Council or County Commissioners, Planning and Zoning and the Board of Zoning Appeals. |
| Local Gvmt Staff Responsibilities | Provide info public regarding the zoning ordinance, reviewing applications and writing reports for the Planning and Zoning Commission and the Board of Zoning Appeals with backup documentation. |
| Planning and Zoning Commission (P&Z) Responsibilities | Issue recommend in matters of zoning, then to the governing body (City Council or County Commissioners). Consists of community residents and business owners appointed by governing body. |
| Board of Zoning Appeals Responsibilities | Quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff's administration of the zoning ordinance. |
| City Council (or County Commission) Responsibilities | Governing body has the final say on zoning issues. The Planning and Zoning Commission makes recommend on zoning cases to the City Council, and they make final decision to approve or deny a case. |
| Zoning Adoption Process | In order for a community to adopt zoning, two separate documents must be created: the zoning text and the zoning map. |
| Zoning Text, code or ordinance | Lays out regs for zoning and is adopted as law by local gvmt body. Text creates zones and allowable uses by right or w a conditional use permit. Setbacks, parking, signs, definitions, height reqs, and proced for zoning apps, appeals, or variances include |
| Zoning Map | The zoning map is where zoning clearly becomes applicable to individual properties. The color-coded map shows where land us is allowable by color and legend for each property. |
| Zoning Map Colors | yellow -single family orange and brown - multi family red - retail and commercial green - open space and parks purple - industrial blue - institutional and gvmt, schools, airports and hospitals |
| Zoning Amendments | Can be changed via text (applies to all properties), map (applies to single property) or a combination of both. Can be initiated by staff, P&Z, gvmt body or property owner |
| Euclidean Zoning | Named after the City of Euclid, Ohio and places the most protective restrictions on res land uses, less on comm uses, and virtually none on industrial uses. This concept places the most restrictive zoning category, SFR at the top of the pyramid. |
| Cumulative Zoning | Less protective of land uses than Euclidean zoning. SFR districts are the most exclusive and allows for each successive zoning to have uses from the previous zones. SFR, MFR can have SFR, Comm can have MFR and SFR, etc |
| Modified Cumulative Zoning | Provide a greater degree of protection by cumulative districts that vary by type of land use. Limits highest use (industrial) to not locate by the lowest use (SFR). In SFR, only SFR is allowed. In industrial zone, SFR is not allowed. |
| Permitted Use | Zoning uses that do not require permission and are allowed outright permitted two ways: Run w land (new user req to follow same conditions), Run w ownership (allows community to review if ownership changes) |
| Conditional Use | Allow a certain use in a district only when it is compatible with its surroundings. AKA special use permit or specific use permit. |
| Nonconforming Use | Property use that existed prior to the adoption of district regs and is allowed to continue under "grandfather clause." Can have time period of conforms or til it naturally ceases. Ex. blinking signs gone within a yr |
| Accessory Use | Incidental to the main use of a property. Typically located on the same lot as the main building and smaller in size. ex garage apartment in high density neighborhoods |
| Planned Unit Development (PUD) | Typically more flexible, used for large dev with mixed uses and entire dev approved by gvmt body. In turn, dev offers incr community amenities (bike trails, rec center) and open space. Zoning tied to detailed site plan. If it changes an amend is req. |
| Variance Requirements | 1. Unique physical or economic hardship; 2. Will not result in a reduction in property values; 3. Property owner did not cause the need for the variance; 4. Variance is not contrary to the spirit of the zoning ordinance. |
| Variance | Change zoning regs due to economic or physical hardship. Two types: 1. use variance (allows property to have use not explicitly listed under zoning), 2. area variance (allows an owner to be excluded from physical reqs, 20' instead of 25' setback) |
| Big Box Retail | Generally has 50,000 or more square feet in a large box |
| Concentrated Animal Feeding Operations | 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 bldgs total floor area / size of land it is being built on. A FAR of 0.1 would mean that on a 10,000 square foot lot the building could have no more than 1,000 square feet. |
| Maximum Parking Standards | Cap the amount of parking that a property owner or business can provide to address the problem of providing excessive impervious cover and undermining pedestrian quality |
| McMansion | Large houses that are mass produced and have perceived negative impacts on the community, sometimes because they are out of scale with surrounding homes |
| Teardown | Demolition of a home for the purposes of building a larger home on the same lot |
| Parachute Home | Home is dropped (almost randomly) into an area where it clearly does not fit with the neighborhood's character |
| "High Cost of Free Parking" | David Schoup. Idea that parking costs are expensive to developer, unnecessary on how many are required, and that 99% of parking spaces are free. |
| Overlay Zoning | Set of additional restrictions that are placed over the top of an existing zone. Two common overlays are for airports (nosiest band have heaviest restrictions on land use such as no single fam) and historic preservation (architectural rules) |
| PUD Site Plan | Location of and size of: prop w all adj properties and streets, streets within dev, use of buildings within the dev, infra and public facilities, landscaping and pedestrian, open space, signs |
Created by:
cristinemshoff
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