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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