4.1 Codes, Regulations, and Policies

Question 1

What is Zoning?

Answer 1

Zoning, in its simplest form, is the separation of land uses or functions into separate districts (or “zones”).

Question 2

Zoning is implemented through ________________________

Answer 2

Locally enacted legislation that regulates and controls the use of private property

Question 3

What Are the Purposes of Zoning?

Answer 3

Regulate land use, prevent land use conflicts, and allow growth to occur as planned. Zoning can also do the following:

• 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.

Question 4

What Does Zoning Regulate?

Name ten (10) examples

Answer 4

1. Land use
2. Lot Size
3. Density
4. Building placement
5. Building height and bulk
6. Setbacks
7. Provision of adequate light and air
8. Parking
9. Landscaping
10. Signage

Question 5

Planning and Zoning Commission (P&Z)

Answer 5

The Planning and Zoning Commission is required to issue recommendations in matters of zoning. These recommendations are made to a governing body (e.g., the City Council or County Commissioners). In other cases, P&Z renders final approval of cases.

Question 6

_______________ is a quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff’s administration of the zoning ordinance. Variances are discussed in more detail below.

Answer 6

Board of Zoning Appeals

Question 7

The __________ makes the final decision on whether to approve or disapprove a zoning case, after gathering recommendations from the Planning and Zoning Commission.

Answer 7

City Council

Question 8

For a community to adopt zoning, two separate documents must be created: _________ and __________.

Answer 8

The zoning text and the zoning map

Question 9

The zoning text must, at a minimum (4)

Answer 9

• Establish the different zones applicable in the community
• Establish the uses allowable in each zone, either by right or with a conditional use permit.
• Define various requirements for setbacks, heights, parking, signs,
• Infomartion on procedures for zoning applications and/or variances, to the zoning ordinance.

Question 10

Zoning Amendments

Name two ways to amend zoning

Answer 10

One is an amendment to the zoning ordinance or text. The other is an amendment to the zoning map.

Question 11

What are the diferences of amneding an ordinance versus amending the zoning map?

Answer 11

An amendment to the zoning ordinance changes the requirements for all properties. For example, an ordinance limiting the size of satellite dishes would apply to all properties.

An amendment to the zoning map changes the zoning district on a particular property. For example, at the edge of the community, a developer may apply to change the zoning from an agricultural district to a single-family district. If approved, the map would be changed to reflect the newly assigned zoning district.

Question 12

Who can initiate a zoning amendment?

Answer 12

Amendments can be initiated by staff, the Planning and Zoning Commission, the governing body, or at a property owner’s request.

Question 13

Name three different approaches to regulating land use in zoning

Answer 13

• Euclidean
• Cumulative
• Modified cumulative

Question 14

Euclidean Zoning

Answer 14

Euclidean zoning places the most protective restrictions on residential land uses, less on commercial uses, and virtually none on industrial uses. This concept places the most restrictive zoning category, single-family residential, at the top of the pyramid.

Question 15

Cumulative Zoning

Answer 15

Cumulative zoning is less protective of various land uses than Euclidean zoning. Single-family residential districts are the most exclusive. However, in cumulative zoning, each successive zoning district allows all the uses from the previous zones:

• A Single-Family District allows single-family homes
• A Multi-Family District allows apartments and all uses allowed in the Single-Family District
• A Commercial District allows retail and commercial uses and all uses allowed in the Multi-family District
• An Industrial District allows industrial uses and all uses allowed in the Commercial District

Question 16

Modified Cumulative Zoning

Answer 16

A modified version of cumulative zoning has been developed to allow cities to provide a greater degree of protection than they could with cumulative zoning. In this type of zoning, districts are typically cumulative by type of land use. For example, a multi-family district would allow both single-family homes and multi-family housing. However, the industrial district would not allow residential uses.

Question 17

Inside the text of a zoning ordinance, each zoning district lists the _____________ and ______________ uses

Answer 17

Permitted and conditional

Question 18

The conditional use permit can be issued in one of two ways

Answer 18

• Run with the land: any new user is required to follow the same conditions.
• Run with the ownership: offers the community an opportunity to review the circumstances if ownership or use changes. The conditions can be modified when a new conditional use permit is requested.

Question 19

A ____________________ is a property use that existed prior to the adoption of district regulations and is allowed to continue under the “grandfather clause.

Answer 19

Nonconforming use.

Some communities allow the use to continue indefinitely until it naturally ceases or for a set period of time. The subsequent property use would then be required to conform with the current zoning ordinance. In other communities, nonconforming uses are amortized

Question 20

Amortization

Answer 20

Sets a definite period of time within which a nonconforing use must come into compliance with the zoning ordinance.

Amortization is often quite controversial because it requires that the administrators of the ordinance determine a fair period of time during which the use will be allowed to continue before it must come into full compliance. This time period is based on the property owner’s original investment, the use of the property, and other factors that affect the owner’s potential income.

Question 21

Accessory Use

Answer 21

An accessory use is one that is incidental to the main use of a property. An accessory use is typically located on the same lot as the main use and smaller in size than the main use. Some examples of accessory uses include outside sales, outside storage, a telecommunications tower, home occupations, and a garage apartment (i.e., Accessory Dwelling Unit or ADU)

Question 22

___________________ are seen as a way to increase density in single-family neighborhoods and provide rental income for homeowners.

Answer 22

Accessory Dwelling Unit (ADU)

Question 23

Planned Unit Development (PUDs)

Answer 23

• Offer an alternative to strict zoning regulations.
• Typically used for large developments that include a mix of uses
• An advantage of PUDs is that they are planned in their entirety up front, with careful attention to a site plan.
• In some cases, PUDs allow flexibility that normal subdivision and/or zoning regulations cannot. For example, they can allow for an increase in density or reduction in street width as well as a mix of land uses.

Question 24

An _______________ is a set of additional restrictions placed over the top of an existing zone.

Answer 24

Overlay district or zone

Question 25

Variance

Answer 25

A variance is a change in the terms of the zoning regulations due to economic or physical hardship.

Question 26

Describe the two types of variances

Answer 26

Use variance: allows a property to build and maintain a use not explicitly allowed under the zoning district regulations. For example, a business owner would like to operate an ice cream shop in an area that is not zoned for restaurant uses. A use variance would allow the business to operate. Area variance: allows a property to be excluded from the physical site requirements under the zoning ordinance. For example, an area variance would allow a property owner to build his or her house with only a 20-foot front setback instead of the required 25-foot setback.

Question 27

Properties must meet specific requirements for the community to issue a variance, including ________________

Answer 27

* Unique physical or economic hardship; * The variance will not result in a reduction in property values; * The property owner did not cause the need for the variance; * The variance is not contrary to the spirit of the zoning ordinance

Question 28

Big-box retail generally has _________ or more square feet in a large box

Answer 28

50,000 SF

Question 29

Concentrated animal feeding operations

Answer 29

Practice of raising farm animals indoors and in high volumes.

Question 30

Local governments may be limited in their ability to regulate concentrated animal feeding operations because of _______________ laws, which limit the ability of local governments to regulate commercial farms and limits lawsuits by private and public organizations

Answer 30

Right-to-Farm

Question 31

Maximum parking standards

Answer 31

* Alternative to the conventional minimum parking standards Maximum * Cap the amount of parking that a property owner or business can provide. * Reduces impervious cover and improves pedestrian quality.

Question 32

______________ is a term that describes large houses that are mass produced and have perceived negative impacts on the community, sometimes because they are out of scale with surrounding homes.

Answer 32

McMansion

Question 33

___________ is a term that refers to the demolition of a home for the purposes of building a larger home on the same lot.

Answer 33

Teardown