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Understanding Zoning
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Welcome to
UNDERSTANDING ZONING
ZONING CONCEPTS ARESIMPLE
HISTORIC PERSPECTIVE&
SEVEN BASIC ELEMENTS IN CONCEPT
• 1920s Northeastern USA• Noisy, smelly industry proposed
next to residences• Neighbors object• City council adopts ordinance
designating area for residences only
1ST BASIC ELEMENT USE SEGREGATION
Permitted Uses Principal
AccessorySpecial Uses (first basic zoning “permit”)
PermanentTemporary
NEXT Person builds a comfortable little home
THEN Neighbor builds home twice as high
FINALLY ● Other neighbor builds home even higher ● First person smothered - gets no sun
YEARS LATER ● Finds another lot
HOWEVER ● Asks City Council to prohibit
higher houses
2ND BASIC ELEMENTDEVELOPMENT STANDARDSHeight limits; front, side, back yard setbacks, minimum lot size, minimum lot width, color of exterior walls & roof, slope of roof, lot depth, etc., ad infinitum … MEASUREABLE Second Basic Zoning Permit - Variance
NEXT PROBLEM● Whole cities “zoned”●“Mom & Pop” grocery zoned
residential (use)● Half block of houses too close to street (structure)● 3,000 sq. ft. lots too small (lots)
3rd BASIC ELEMENTNONCONFORMITIES
Existing Lots, Uses, and Structures conflict with new zoning
Third Basic Zoning Permit – Modification to a Nonconformity
(REFINEMENT)RIGHTS
● “Grandmothered/Grandfathered” rights = nonconformity
● “Vested” Rights = rights obtained by having secured a permit
● “Illegal nonconformity” - oxymoron
(REFINEMENT) NON-CONFORMING
SPECIAL USE Permit for day care center in residential zone to expansion
expand classrooms in side yard
THREE BASIC PERMITS
• SPECIAL USE PERMIT• VARIANCE• MODIFICATION TO A NON-CONFORMITY Bare minimum Essential to every ordinance
4th BASIC ELEMENTPERMIT EVALUATION
CRITERIASpecial Use Permit
VarianceModification to a Nonconformity
● Special Use Criteria – individually crafted; “compatible with the neighborhood... not generate excessive traffic, etc.”● Variances – generally set forth in state law;
hardship not created by the owner, nor general to the neighborhood
● Modification to a non-conformity – generallyindividually crafted
● Other permits – individually crafted
5th BASIC ELEMENTPROCEDURES
(WAYS TO OBTAIN PERMITS)● Staff issues simple permits● Staff recommends - Planning Commission (PC) decides● Staff recommends to PC – PC recommends to Council
OTHER PROCEDURES● Hearings Officer ● Appeals ● Litigation
CriteriaProcedures
6th BASIC ELEMENTDEFINITIONS
● Home Occupation● Family………………..
7th (Last) Basic Element
MAP
SEVEN BASIC ELEMENTS OF EVERY ZONING ORDINANCE
1. Segregation of Uses2. Development Standards3. Nonconformities4. Permit Evaluation Criteria5. Procedures6. Definitions7. Map
8th Element of Some Ordinances
ADMINISTRATIONPermits vs. Zone Changes
Filing deadlines, etc.Enforcement
REFINEMENTSOVERLAY ZONES
PLANNED DEVELOPMENTS
Planned Development Overlay Zone
PUBLIC HEARING VS PUBLIC MEETING
• Legislative • Quasi-judicial• Conflict of Interest
● GENERAL, COMPREHENSIVE, OR MASTER PLANS● ZONING SCHEMES PYRAMIDAL ZONING PERFORMANCE ZONING
FORM-BASED (Transects)
QUESTIONS/COMMENTS