Plan Implementation - Codes, Regulations, Policies Flashcards
Codes, Regulations, and Policies notes
Polices include investment decisions.
Codes (including zoning codes) = rules and regulations.
“Ordinance” = municipal law.
“Law” = general term used to describe any scale of government.
Zoning Notes Definition
Separation of land uses/functions into separate districts (zones) and implemented through locally enacted legislation that regulates/controls the use of private property.
Zoning Notes Purpose
- Regulate land use
- Prevent land use conflicts
- Allow growth to occur in a planned manner.
Also…
1. Protect/maintain property values.
2. Promote public health/safety
3. Protect the environment
4. Promote the community’s aesthetic
5. Manage traffic
6. Manage density
7. Limit housing size/type or encourage a variety of housing types.
8. Attract business and industry
Zoning Notes Regulatory Duties
- Land use
- Lot size
- Density
- Building Placement
- Building Height
- Building bulk
- Setbacks
- Provision of adequate light/air
- Parking
- Landscaping
- Signage
Zoning Process Participants
This group proves a professional recommendation to advisory boards and/or the Governing Body.
This group provides information to the public re. a community’s zoning ordinance and/or Land Development Code.
Reviews applications, writes reports, and makes recommendations.
City/County staff
Zoning Process Participants
Issues recomendations in zoning matters to the Governing Body (City Council/Commission); however, sometimes this body’s determination is the final outcome.
Comprised of community residents/business owners/etc. Appointed by Governing Body.
Read staff reports, visit sites, and discuss at public hearings.
Need to think long-term.
Planning Commission or Planning and Zoning Commission
Zoning Process Participants
Quasi-judicial board that hears variance requests (speical exceptions to the zoning ordinance/Land Development Code).
Also considers administrative appeals.
Members appointed by the Governing Body.
Volunteers. Community members
Board of Zoning Appeals/Adjustment
Zoning Process Participants
Governing Body with final consideration of zoning requests.
Prior to formal adoption of zoning, Governing Body must create/adopt the zoning ordinance text and the zoning map.
City/County Council/Commission
This document lays out the exact regulations that zoning is created to implement.
Must be adopted as law by the local governing body.
Must establish different zones applicable in the community and permitted uses in each zone (by right or by C/SUP.
Should define setbacks, parking, signs, maximum heights, etc. and include definitions, processes for various development applications, variances, and appeals.
Zoning Text/Ordinance
Document that shows each property’s permitted uses in a color-cooridnated/coded map.
Typically labeled with letters, codes, or words.
Common Colors…
Yellow = single-family
Orange/brown = multi-family
Red = retail/commercial
Green = open space/parks
purple = industrial
Blue = institutional
Zoning amendments can be initiated by staff, PC, CC, or property owner/applicant.
Zoning Map
First method of zoning amendment (change).
AKA text amendment (TA) which changes the requirements for ALL properties.
Amendment to zoning ordinance/code
Second method of zoning amendment (change).
Changes the zoning district for a particular property.
Amendment to the zoning map.
Zoning Approach 1/3
Named after an Ohio city.
Most protective restrictions placed on residential land uses. Single-family residential is at the top of the pyramid.
Fewer restrictions on commercial uses.
Virtually no restrictions on industiral uses.
Euclidean Zoning
Zoning Approach 2/3
Less protective of land uses than Euclidean.
Single-family residential still most exclusive; however, each successive district allows all the uses from the previous zones.
Ex. a single-family house can be located in any district; however a factory can only locate in an industrial district.
Cumulative Zoning
Zoning Approach 3/3
Allows cities to provide a greater degree of protection than they could with cumulative zoning.
Districts are cumulative; however, only with their respective use category (residential, commercial, and industrial).
Modified Cumulative Zoning
This type of use requires approval by a governing body.
It is permitted but only when compatible with its surroundings and with additional review.
Extra conditions may vary based on proposed use’s location and surroundings.
Can run with the land OR run with the ownership/business. If with land, subsequent owners must follow original conditions. If with ownership/business, subsequent owners must obtain new permit which could be modified from previous permit.
Conditional/Special Use Permit
This type of use existed prior to the adoption of district regulations and is allowed to continue under the “grandfather clause”.
Some communities let use run indefinitely or until the business/use naturally stops operating.
*Amortizations = community process that sets a definite period of time within which the use must come into compliance. Controversial as it requires planners to determine a fair period of time to transition from non-compliance to compliance. This time is period is based on the propert owner’s original investment, use of the property, and other factors that affect the owner’s potential income.
Most codes include loss-of-nonconforming status clauses (manmade/natural destruction or abandonment of nonconforming use).
Signs can be amortized into compliance. APA supports adoption of amortization “as compensation for a requirement to remove nonconforming billboards”.
Amortization schedule may be based on nonconforming element’s annexation date or physical characteristics.
Amortization
A 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 the main use.
Accessory Use
A unique zoning tool that is used as an alternative to strict, traditional zoning standards.
Best for large, mixed-use developments.
Unique set of standards (instead of regular zoning) is approved by the Governing Body via a development site plan.
Planned entirely up front. Site planning is key element.
Since they’re planned upfront, increased residential density, mixed-use, reduced street widths, innovative subdivision techniques, and more intense land uses may be approvable by the Governing Body.
In return, developers offer more open space, rec. trails, landscaping, etc.
Zoning code sets minimum acreage/size standard.
Zoning tied to the site plan. Future revisions to the site plan are basically a rezoning.
Plan should include…
1. Location of the property and all abutting properties/streets.
2. Location/size of streets w/in development.
3. Location and proposed use of buildings w/in development.
4. Location/capacity of the nearest infrastructure/public facilities.
5. Proposed landscaping and pedestrian ways.
6. Location of open space.
7. Sign sizes and location.
Administratively challenging - PUD needs amending with each site change.
Planned Unit Development (PUD)
This type of zoning district places more restrictions on a propert owner via adopted, additional restrictions set over an existing zone.
Ex. airports (due to aircraft noise and height - highest restrictions/lowest heights in loudest areas closest to the airport) and and historic preservation of neighborhoods and/or architectural elements. Often requires HRC architectural review.
Other examples - neighborhood revitalization zones, floodplain overlay, enterprise zones, and foreign trade zones.
Overlay Zoning
*Change in the terms of the zoning regulations due to economic or physical hardship.
Allows a property to build/maintain a use not explicitly allowed under the zoning district regulations.
Use Variance