Zoning Basics9/4/2019 1 Zoning Basics Why Zoning Enabling Acts? •Under “Dillon’s Rule,” municipalities do not have inherent legislative power; they can only exercise powers

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Zoning Basics

Why Zoning Enabling Acts?

• Under “Dillon’s Rule,” municipalities do not have inherent legislative power; they can only exercise powers that– The state legislature expressly delegates, or

– Are impliedly necessary to carry out expressly delegated powers

• In states that follow Dillon’s rule, a state enabling act is needed to authorize municipalities to establish zoning

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Dillon’s Rule and Missouri

• The Missouri Constitution recognizes “home rule” for chartered cities and counties

– Chartered municipalities (e.g., Columbia) can exercise any power that the state legislature is capable of delegating to them (incl. zoning power)

• Most cities/counties in MO do not have charters and thus lack “home rule” power (these municipalities thus need zoning enabling act)

Substantive and Procedural Provisions of the Standard State Zoning Enabling Act (Dept. of Commerce, 1924)

• “health, safety, morals, or general welfare”

• “location and use of buildings, structures, and land”

• “in accordance with a comprehensive plan”

• “uniform throughout each district or zone”

• Ordinance issued by City council after public hearing; 15 days notice

• Planning Commission to recommend zone boundaries

• BOA may “vary the application” of the ordinance

• “practical difficulties or unnecessary hardship” required for a variance

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Missouri Zoning Enabling Acts

• Cities (RSMo § 89.010 et seq.)

• Counties (RSMo § 64.010 et seq)

• Both statutes are very similar

• And both are strongly based on the Standard State Zoning Enabling Act

A zoning ordinance consistsof two parts:

C1

C3

R2

R5

R10I3

R5

R2

R1

The map The text

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The Comprehensive Plan

• Usually precedes adoption of zoning ordinance; developed by planning commission and approved by council

• Plan covers land use, but also many other topics

• General (land use element is much less specific than land uses identified in the zoning ordinance)

• Subject to periodic review/revision (long‐term)

Typical Comprehensive Plan Elements

• Land use (which includes a map)

• Housing

• Circulation (streets) & transportation

• Public facilities (fire, police)

• Recreation

• Environmental concerns

• Energy conservation

• Open space, parks

• Noise

• Safety

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• Comprehensive plans often have “goal statements, e.g.,– Goal 1: We will make appropriate infill and revitalization our highest priorities

– Goal 2: We will discourage suburban sprawl

– Goal 3: We will grow a livable transportation network

– Goal 4: We will assemble an expansive trail and park system for pedestrian and cycling uses

– Goal 5: We will create opportunities for affordable housing

The structure of local zoning

CityCouncil

(elected)

Commission

Adjustment(appointed)

Zoning orBuilding CodeAdm inistrator

Planning

Board of

(appointed)

Zoning isadministered byfour maingovernmentalbodies.

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City Council: The Legislative Body of the City

General PlanOrdinances & CodesRezonings

Some conditional use permits

CityCouncil(elected) Subdivision approvals

Planning Commission: makes recommendations to Council

General PlanOrdinances & CodesRezonings

Some conditional use permitsGeneral plan, rezoning& subdivision recommendations

CityCouncil(elected)

PlanningCommission(appointed)

Subdivision approvals

Some conditional use permits

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Board of Adjustment

Appeals from the Building Inspector

Board of Adjustment(appointed)

Appeals from the Planning Commission

Variances

Some Conditional Use Permits

Judicial review (Circ. Ct.)

Building/Zoning/Code Administrator/Inspector

Building permits

Prosecution ofviolations

Zoning orBuilding CodeAdministrator

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Appeals

CityCouncil(elected)

PlanningCommission(appointed)

Board ofAdjustment(appointed)

Zoning orBuilding CodeAdministrator

Appeals

The planningstaff gives adviceto all of the otherbodies.

PlanningDepartment

Staff

Height and Bulk Controls

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Typical height and bulk controls

• Front, side, and rear setback lines

• Maximum height

• Minimum lot size (Sq.Ft.)

• Minimum (or maximum) house size (Sq. Ft.)

• Floor area ratio (FAR)

Floor Area Ratio

Land Area = 20,000 Sq. Ft.

Building – 10 stories,10,000 sq. ft. in each story

F.A.R. = 100,000 / 20,000 = 5

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Note that for single‐family detached houses, the FAR will normally be less than 1 (e.g., .25 to

.50)

Problem (p. 25‐26): R6 Zone — House (a), 44’ wide, 40’ deep, 1‐story

Factor Requirement

Lot Area 6,000 sq.ft. OK

Min. Lot width 60’ OK

Min. Lot depth 100’ OK

Min. Floor area 1,300 or 1,500 OK (1760 sq.ft.)

Max. height 35’ OK

Front setback 20’ OK (up to 55’ house allowed)

Lesser side setback 8’ OK

Combined side setback 18’ Violation; 2 feet too wide

Rear setback 25’ OK

Max. lot coverage 35% OK (29.3% lot coverage)

Max. F.A.R. 0.5 OK (.293 F.A.R.)

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Problem (p. 25‐26): R6 Zone — House (b), 40’ wide, 55’ deep, 1‐story

Factor Requirement




Min. Floor area 1,300 or 1,500 OK (2,200 sq.ft.)


Front setback 20’ OK (barely; 55’ house allowed)


Combined side setback 18’ OK (up to 42’ house possible)


Max. lot coverage 35% Violation (36.6% lot coverage)

Max. F.A.R. 0.5 OK (.366 F.A.R.)

Problem (p. 25‐26): R6 Zone — House (c), 30’ wide, 60’ deep, 2‐story

Factor Requirement






Front setback 20’ NO (only 55’ house allowed)


Combined side setback 18’ OK


Max. lot coverage 35% OK (30% lot coverage)

Max. F.A.R. 0.5 NO (.60 F.A.R.)

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Problem (p. 25‐26): R6 Zone — House (d), 30’ wide, 50’ deep, 2‐story

Factor Requirement










Max. lot coverage 35% OK (25% lot coverage)

Max. F.A.R. 0.5 OK (barely) (.50 F.A.R.)

Problem (p. 25‐26): R6 Zone — House (e), 40’ wide, 25’ deep, 1‐story

Factor Requirement




Min. Floor area 1,300 or 1,500 Violation (only 1,000 sq.ft.)






Max. lot coverage 35% OK (16.6% lot coverage)

Max. F.A.R. 0.5 OK (.166 F.A.R.)

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Problem 2• Developer has 24,000 sf parcel (120’ x 200’) in RM‐3 (apartment) zone

• Ordinance places 5 distinct (if overlapping) restrictions on the developer in terms of number of units and size of building Developer can build. What are they?

Problem 2: Bulk Restrictions

• Minimum lot area, both (a) total and (b) per dwelling unit

• Setbacks (limits building footprint)

• Maximum lot coverage (also limits building footprint)

• Height (limits number of floors)

• FAR (combined footprint and floors)

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Problem 2(a) (p. 25‐26): RM3 Zone —Parcel is 120’ wide, 200’ deep

Factor Requirement

Lot Area 20,000 sq.ft. (not less than 1,000/unit)

Min. Lot width 100’

Min. Lot depth 130’

Min. Floor area

Max. height 50’ (4 stories)

Front setback 25’

Lesser side setback 25’

Combined side setback 50’

Rear setback 30’

Max. lot coverage 35%

Max. F.A.R. 1.2

• What’s the max. number of apartment units that Landowner could build?–Parcel contains 24,000 sf (120’ x 200’)–Minimum lot area must be at least 1,000 sf per dwelling unit

–Parcel could thus contain no more than 24 units (even if it plan meets all other requirements)

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• What is the maximum number of square feet Landowner can build?– Setbacks would allow building footprint of 70 x 145 = 10,150 sf, x 4 floors = 40,600 sf

–Maximum lot coverage = 35%; would allow footprint = 24,000 x .35 = 8,400 sf, x 4 floors = 33,600 sf

–Maximum FAR = 1.2; would allow 24,000 x 1.2 = 28,800 sf

• If (in the determination of the zoning administrator) Developer’s plans satisfy the ordinance, a building permit is issued and construction proceeds

• If not, developer’s choices:– Seek a variance from the ordinance– Seek a conditional use permit (if allowed by the ordinance), or

– Seek rezoning of parcel (to place parcel in a zone permitting more intensive use)

Documents

Zoning Basics9/4/2019 1 Zoning Basics Why Zoning Enabling Acts? •Under “Dillon’s Rule,” municipalities do not have inherent legislative power; they can only exercise powers