Download - Zoning Construction
Zoning ConstructionZoning Construction
Lecture 2Lecture 2
Several ExamplesSeveral Examples http://www.ci.durham.nc.us/planning/zoneord/index.htmlhttp://www.ci.durham.nc.us/planning/zoneord/index.html
Preliminary PreparationPreliminary Preparation
Authority – Enabling LegislationAuthority – Enabling Legislation– Legislation specifies the exact Legislation specifies the exact
procedure and elements that must be procedure and elements that must be prepared prior to the adoption of the prepared prior to the adoption of the ordinanceordinance
– Hearing and adoption procedureHearing and adoption procedure– Amendment procedure – who may Amendment procedure – who may
initiate changeinitiate change
IntroductionIntroduction
Purpose and statement of goalsPurpose and statement of goals Savings clauseSavings clause InterpretationInterpretation Definitions - sampleDefinitions - sample
– Motel (Hotel) is any building containing six or more Motel (Hotel) is any building containing six or more guest rooms intended or designed to be used, or guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by or which are occupied for sleeping purposes by guests.guests.
District Scheme - ModelDistrict Scheme - Model
At a minimum – each regular At a minimum – each regular district contains the following:district contains the following:– Permitted UsesPermitted Uses– Uses by condition or special useUses by condition or special use– Special restrictionsSpecial restrictions– Bulk and dimensionBulk and dimension– Parking and spatial requirementsParking and spatial requirements– Authorized variancesAuthorized variances
District ModelsDistrict Models
Regular districts are nearly always Regular districts are nearly always created in a pryamidical fashion created in a pryamidical fashion based on intensity of use as based on intensity of use as measured by the bulk and number measured by the bulk and number of DU’s per acre or lot area – and of DU’s per acre or lot area – and by the amount or type of mixing by the amount or type of mixing permittedpermitted
The Residential DistrictsThe Residential Districts
Large lot districtsLarge lot districts– Range 1 du/80 acres to 3 Ac./du or Range 1 du/80 acres to 3 Ac./du or
slightly smallerslightly smaller– Rationale ranges from protecting the Rationale ranges from protecting the
“haves” from the “have-nots” to “haves” from the “have-nots” to resource protection and open space. resource protection and open space. Serious legal problems are usual in Serious legal problems are usual in expanding areas without sufficient expanding areas without sufficient justificationjustification
Residential - ContinuedResidential - Continued
The low density districtsThe low density districts– Generally designated from 2 to 8 Generally designated from 2 to 8
du’s per acredu’s per acre– The standard is 3 units per gross acreThe standard is 3 units per gross acre– Designed to accommodate the bulk of Designed to accommodate the bulk of
the residential populationthe residential population– Only local residential streets Only local residential streets
necessary for servicenecessary for service
Manufactured HomesManufactured Homes
One of the great battles of One of the great battles of American zoningAmerican zoning
Its Changing FaceIts Changing Face
Residential - ContinuedResidential - Continued
Medium density districtsMedium density districts– Generally ranges from 8 to 25 du’s Generally ranges from 8 to 25 du’s
per gross acreper gross acre– Basically designed to accommodate Basically designed to accommodate
the light service, garden style or walk-the light service, garden style or walk-up multi family unit with a general up multi family unit with a general limitation of 3 or 4 living storieslimitation of 3 or 4 living stories
– Transportation services ranges for Transportation services ranges for residential streets to collectorsresidential streets to collectors
Residential - ContinuedResidential - Continued
High density residentialHigh density residential– Ranges from 26 to 240 units per gross Ranges from 26 to 240 units per gross
acre depending on floor area ratios acre depending on floor area ratios and open space requirementsand open space requirements
– Used to transition from residential to Used to transition from residential to commercial districtscommercial districts
– Requires minor to major collectorsRequires minor to major collectors
Commercial DistrictsCommercial Districts
Center districtsCenter districts– A traditional district designed to A traditional district designed to
service the CBDservice the CBD– Generally limited to public service, Generally limited to public service,
personal services, retail and F.I.R.M. personal services, retail and F.I.R.M. services (finance, insurance, real services (finance, insurance, real estate and marketingestate and marketing
– Regulated by footprint, FAR, and total Regulated by footprint, FAR, and total square feetsquare feet
Commercial - ContinuedCommercial - Continued
Neighborhood serviceNeighborhood service– Essentially designed per group of Essentially designed per group of
neighborhoods to accommodate the neighborhoods to accommodate the daily needs of residentsdaily needs of residents
– Generally controlled by selling area Generally controlled by selling area and square ft. limitationsand square ft. limitations
– Heavy limitation on outside storageHeavy limitation on outside storage– Requires minor to major collectorsRequires minor to major collectors
Commercial - ContinuedCommercial - Continued
Highway ServiceHighway Service– Designed to accommodate the Designed to accommodate the
automobile and to direct traffic to automobile and to direct traffic to major collectors and arterialsmajor collectors and arterials
– The American dumping groundThe American dumping ground– Designed for high visibility and and Designed for high visibility and and
large outdoor storage capabilitylarge outdoor storage capability– Commonly used as transition for CBD Commonly used as transition for CBD
to neighborhood commercialto neighborhood commercial
Commercial - ContinuedCommercial - Continued
Regional Scale – ClusterRegional Scale – Cluster– Designed to accommodate those uses Designed to accommodate those uses
that are considered to be at a “mega” that are considered to be at a “mega” scalescale
– Designation is by sq. ft. and traffic Designation is by sq. ft. and traffic count usually starting at 15,000 vpdcount usually starting at 15,000 vpd
– Requires major arterialsRequires major arterials
Commercial - ServiceCommercial - Service
Office – Institutional DistrictsOffice – Institutional Districts– Designed as the basic “working Designed as the basic “working
districts of the community”districts of the community”– Retail and mixed use is typical to Retail and mixed use is typical to
serve the working areaserve the working area– Heavy use as transition district from Heavy use as transition district from
light to heavy commercial areas or as light to heavy commercial areas or as buffer to neighborhoodsbuffer to neighborhoods
Commercial - ContinuedCommercial - Continued
Heavy ServiceHeavy Service– Designed for the commercial and Designed for the commercial and
semi-commercial usessemi-commercial uses– Use pattern is determined by the type Use pattern is determined by the type
and amount of externalities presentand amount of externalities present– Often linked to special transportation Often linked to special transportation
needs (warehousing) and serve as a needs (warehousing) and serve as a transition to manufacturingtransition to manufacturing
Manufacturing – Fab.Manufacturing – Fab.
Light and Park ManufacturingLight and Park Manufacturing– Designed to bring selected “working Designed to bring selected “working
areas” to park-like settingsareas” to park-like settings– Uses are selected by the amount of Uses are selected by the amount of
externalities and ability to contain externalities and ability to contain their activities to local lot areastheir activities to local lot areas
– Design applicationsDesign applications– Serve as transition to general Serve as transition to general
manufacturingmanufacturing
Manufacturing - ContinuedManufacturing - Continued
General ManufacturingGeneral Manufacturing– The “workhorse” of the community The “workhorse” of the community
zones.zones.– The basic manufacturing and The basic manufacturing and
fabrication center of the communityfabrication center of the community– Uses are regulated by the specific use Uses are regulated by the specific use
and intensity of the operation, type of and intensity of the operation, type of hazard, and extent of storagehazard, and extent of storage
Manufacturing - ContinuedManufacturing - Continued
Heavy ManufacturingHeavy Manufacturing– Where everything else goes including Where everything else goes including
mobile homesmobile homes
Heavier than HeavyHeavier than Heavy
Special DistrictsSpecial Districts
A special district is often called an A special district is often called an “overlay.” An overlay is a special “overlay.” An overlay is a special set of regulations that are set of regulations that are particular to the special district. particular to the special district. The underlying district is called the The underlying district is called the “parent” district“parent” district
Overlay ExamplesOverlay Examples
Historic Preservation DistrictHistoric Preservation District Floodplain DistrictFloodplain District University Overlay DistrictUniversity Overlay District Watershed and Lake ProtectionWatershed and Lake Protection Transit Oriented Devel. – Compact Transit Oriented Devel. – Compact
Neighborhood DistrictNeighborhood District Airport OverlayAirport Overlay
Specific ProvisionsSpecific Provisions
Non-Conforming UsesNon-Conforming Uses Vested RightsVested Rights Local State ExemptionsLocal State Exemptions Home OccupationsHome Occupations Congregate FacilitiesCongregate Facilities Accessory Dwellings (ECHO)Accessory Dwellings (ECHO)
Non-Conforming UseNon-Conforming Use
Previously Legal Conforming UsesPreviously Legal Conforming Uses– A use of the land or structures that A use of the land or structures that
once legally conformed to the once legally conformed to the ordinance (or pre-existed adoption), ordinance (or pre-existed adoption), but because of adoption or change but because of adoption or change does not conform to district does not conform to district regulationsregulations
– Distinguished from illegal usesDistinguished from illegal uses
Methods of ControlMethods of Control
Onerous RestrictionsOnerous Restrictions– Limited or no changeLimited or no change– Cannot change uses – or to another Cannot change uses – or to another
conforming useconforming use– Cannot be replaced if damaged or Cannot be replaced if damaged or
restoredrestored– Cannot be made more non-Cannot be made more non-
conformingconforming
Further MethodsFurther Methods
AmortizationAmortization– A reasonable time period can be A reasonable time period can be
established for each type of useestablished for each type of use– The “grandfather” right runs with the The “grandfather” right runs with the
use until the amortization expiresuse until the amortization expires– Or, the use is replaced with a more Or, the use is replaced with a more
conforming use?conforming use?
Vested RightsVested Rights
Similar in Concept to a non-Similar in Concept to a non-conforming use rightconforming use right
Vesting indicates the point at Vesting indicates the point at which the right to develop cannot which the right to develop cannot be takenbe taken
Estopple – related conceptEstopple – related concept
Vested Rights – Cont.Vested Rights – Cont.
Slow and Quick VestingSlow and Quick Vesting– Valid PermitValid Permit– Substantial InvestmentSubstantial Investment– Reliance on officialsReliance on officials– Good FaithGood Faith– Substantial InvestmentSubstantial Investment– EstoppleEstopple
Home OccupationsHome Occupations
Home occupations are traditional Home occupations are traditional and demand will increase as the and demand will increase as the electronic cottage becomes a electronic cottage becomes a realityreality
American attitude, however, shows American attitude, however, shows increasing displeasure with an increasing displeasure with an activity in neighborhoods other activity in neighborhoods other than residential livingthan residential living
Home Occupation - RulesHome Occupation - Rules
Generally, limited to personal Generally, limited to personal servicesservices
No more than a certain percent No more than a certain percent (25) dedicated to the occupation(25) dedicated to the occupation
Must be an active residenceMust be an active residence No stock in tradeNo stock in trade EmployeesEmployees Activity/parking/storage/deliveryActivity/parking/storage/delivery
Congregate FacilitiesCongregate Facilities
One of the true hotspots in One of the true hotspots in American Zoning in the 1990’sAmerican Zoning in the 1990’s
Congregate facility is jargon for Congregate facility is jargon for groups facilities or group homesgroups facilities or group homes– DisabilitiesDisabilities - Half Way- Half Way– ElderlyElderly - Drug Rehab- Drug Rehab– HomelessHomeless - Battered persons- Battered persons– JuvenileJuvenile - Religious- Religious
Congregate LimitationsCongregate Limitations
ADA reasonable accommodationADA reasonable accommodation State usurpationState usurpation SupervisorsSupervisors Number of residentsNumber of residents Spatial separationSpatial separation Restriction on facilities for those Restriction on facilities for those
not disablednot disabled
E.C.H.OE.C.H.O
Elderly Cottage Housing Elderly Cottage Housing OpportunitiesOpportunities
Problem – zoning ordinance Problem – zoning ordinance restrictions on 2 unit conversionrestrictions on 2 unit conversion
Reality is that we will move to 70 Reality is that we will move to 70 million + elderly in the U.S. by million + elderly in the U.S. by 20502050
Supplemental Use Requir.Supplemental Use Requir.
All zoning ordinances impose All zoning ordinances impose additional requirements on certain additional requirements on certain specified activities to further limit specified activities to further limit their operationstheir operations
These are special rules that apply These are special rules that apply to certain uses that are known to to certain uses that are known to have externalities that “spill over have externalities that “spill over into the neighborhood” or the into the neighborhood” or the community in general.community in general.
Supplemental ExamplesSupplemental Examples
Adult EstablishmentsAdult Establishments Accessory UsesAccessory Uses Bed and BreakfastBed and Breakfast Hazardous MaterialsHazardous Materials Day CareDay Care KennelsKennels QuarriesQuarries
Conditional UsesConditional Uses
Each district typically lists Each district typically lists permitted and conditional usespermitted and conditional uses
A conditional use (generally) is one A conditional use (generally) is one that would be permitted except for that would be permitted except for special characteristics of the special characteristics of the activityactivity
In addition to a building permit, a In addition to a building permit, a conditional use permit is requiredconditional use permit is required
Variations on a ThemeVariations on a Theme
In the normal mode the conditions In the normal mode the conditions that must be met before the use that must be met before the use can be established in the ordinancecan be established in the ordinance
In the waffle mode, the conditions In the waffle mode, the conditions are established at the time of the are established at the time of the hearinghearing
An independent hearing is requiredAn independent hearing is required Some ordinance are practically Some ordinance are practically
based on condition use permitsbased on condition use permits
More ConditionsMore Conditions
A conditional use must be A conditional use must be distinguished from conditions in distinguished from conditions in zoningzoning
Conditional uses must be Conditional uses must be specifically listed – not thought up specifically listed – not thought up as the need arisesas the need arises
Involves a public hearingInvolves a public hearing
The Sign RegulationsThe Sign Regulations
What Joy!What Joy!
A Very Short HistoryA Very Short History
First period – rejectionFirst period – rejection Second period – partial acceptance Second period – partial acceptance
if aesthetics is secondaryif aesthetics is secondary Third period – these slipped byThird period – these slipped by Fourth period – full acceptanceFourth period – full acceptance
But FirstBut First
A SHORT TOURA SHORT TOUR
All Types of SignsAll Types of Signs
Some OffensiveSome Offensive
Some Catch Your EyeSome Catch Your Eye
Part of AmericanaPart of Americana
Some Are RacistSome Are Racist
There Are Big OnesThere Are Big Ones
Lighted OnesLighted Ones
Painted OnesPainted Ones
Pretty Good Looking OnesPretty Good Looking Ones
And Truly UglyAnd Truly Ugly
Old Wall SignsOld Wall Signs
And Political SignsAnd Political Signs
And Lotta SignsAnd Lotta Signs