SNEAPA 2013 Friday e1 9 understanding zoning

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Understanding Zoning

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SNEAPA 2013 Friday e1 9 understanding zoning

  1. 1. Welcome to UNDERSTANDING ZONING
  2. 2. ZONING CONCEPTS ARE SIMPLE
  3. 3. HISTORIC PERSPECTIVE & SEVEN BASIC ELEMENTS IN CONCEPT
  4. 4. • 1920s Northeastern USA • Noisy, smelly industry proposed next to residences • Neighbors object • City council adopts ordinance designating area for residences only
  5. 5. 1 BASIC ELEMENT ST USE SEGREGATION Permitted Uses Principal Accessory Special Uses (first basic zoning “permit”) Permanent Temporary
  6. 6. NEXT Person builds a comfortable little home
  7. 7. THEN Neighbor builds home twice as high
  8. 8. FINALLY ● Other neighbor builds home even higher ● First person smothered - gets no sun
  9. 9. YEARS LATER ● Finds another lot HOWEVER ● Asks City Council to prohibit higher houses
  10. 10. 2 BASIC ELEMENT ND DEVELOPMENT STANDARDS Height 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
  11. 11. 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)
  12. 12. 3 BASIC ELEMENT rd NONCONFORMITIES Existing Lots, Uses, and Structures conflict with new zoning Third Basic Zoning Permit – Modification to a Nonconformity
  13. 13. (REFINEMENT) RIGHTS ● “Grandmothered/Grandfathered” rights = nonconformity ● “Vested” Rights = rights obtained by having secured a permit ● “Illegal nonconformity” - oxymoron
  14. 14. (REFINEMENT) NON-CONFORMING SPECIAL USE Permit for day care center in residential zone to expansion expand classrooms in side yard
  15. 15. THREE BASIC PERMITS • SPECIAL USE PERMIT • VARIANCE • MODIFICATION TO A NON-CONFORMITY Bare minimum Essential to every ordinance
  16. 16. 4th BASIC ELEMENT PERMIT EVALUATION CRITERIA Special Use Permit Variance Modification to a Nonconformity
  17. 17. ● 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 – generally individually crafted ● Other permits – individually crafted
  18. 18. 5 BASIC ELEMENT PROCEDURES th (WAYS TO OBTAIN PERMITS) ● Staff issues simple permits ● Staff recommends - Planning Commission (PC) decides ● Staff recommends to PC – PC recommends to Council
  19. 19. OTHER PROCEDURES ● Hearings Officer ● Appeals ● Litigation Criteria Procedures
  20. 20. 6 BASIC ELEMENT th DEFINITIONS ● Home Occupation ● Family………………..
  21. 21. 7 (Last) Basic Element th MAP
  22. 22. SEVEN BASIC ELEMENTS OF EVERY ZONING ORDINANCE 1. 2. 3. 4. 5. 6. 7. Segregation of Uses Development Standards Nonconformities Permit Evaluation Criteria Procedures Definitions Map
  23. 23. 8th Element of Some Ordinances ADMINISTRATION Permits vs. Zone Changes Filing deadlines, etc. Enforcement
  24. 24. REFINEMENTS OVERLAY ZONES PLANNED DEVELOPMENTS Planned Development Overlay Zone
  25. 25. PUBLIC HEARING VS PUBLIC MEETING • Legislative • Quasi-judicial • Conflict of Interest
  26. 26. ● GENERAL, COMPREHENSIVE, OR MASTER PLANS ● ZONING SCHEMES PYRAMIDAL ZONING PERFORMANCE ZONING FORM-BASED (Transects)
  27. 27. QUESTIONS/COMMENTS

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