Zoning pt. III

Intensity Regulations

• Meant to dictate the intensity of use• Different standards for different use districts

– Minimum lot size

– Minimum lot width

– FAR

– Open space ratio

– Livability space

– Recreation space

– Setbacks

Intensity Regulations

• Minimum lot size & lot width

– Meant for orderly / consistent development

– Typically enforced through subdivision regs for new development

– Ensures buildable area without need for variance

Intensity Regulations

• Floor to Area Ratio (FAR)– The proportion of floor area in relation to lot size

– Typically applied to interior floor space

• Not including garages, patios, etc.

– Applies to all floors, not just the footprint

FAR

Intensity Regulations

• Open Space Ratio– Gross land area not covered by buildings

• Livability Space Ratio– Improved open space (landscaping, outdoor living)

• Recreation Space Ratio– Applied to PUDs

– Space reserved for common recreational use

Intensity Regulations

• Setbacks– A defined area wherein no structure may be located

– To an extent, defines “net” land area

– Street setback

• Distance from the street

• Usually the most restrictive

– Interior setback

• Distance from side and rear property lines

Misc. Restrictions

• Parking• Landscaping• Buffering / Screening• Watershed / Floodplain Development• Signage

Misc. Restrictions

• Parking– Dimensional Requirements

– Handicapped Spaces

– Typically determined by size of structure being served and/or maximum occupancy

– Typically, off-street parking is required

– Arrangements can be made for off-site parking by contract

Bicycle Parking

Misc. Restrictions

• Landscaping– Preservation of existing natural vegetation

– Used in conjunction with livability space ratios and screening/buffering requirements

• Screening and Buffering– Shields incompatible land use types

• The more incompatible, the more screening required

– Can be fencing, can be landscaping

– Screens from sight, noise

Misc. Restrictions

• Signage– Dimension

• Preventing large signs

– Type• “passive” signs

• Electric signs

– Location• Incorporated with landscaping

• Attached to structure

• Overall, trying to avoid visual clutter

Misc. Restrictions

• Floodplain, Watershed– Stormwater management

– Avoiding the impairment of waterways during and after construction

– Location of structure with respect to 100 year floodplain

The Permit Process

• Most developments require a permit of some sort– Notification to jurisdiction that development is occurring

– Varying levels of involvement by jurisdiction / boards

– Checking for consistency with ordinances

• Permits also outside of planning realm– Building

– Water / Sewer / Septic

The Permit Process

• Development Permits

– Waivers / Exemptions

– Zoning Permits

– Special Use Permits

The Permit Process

• Waivers / Exemptions– Assuring that no development permit is necessary

– Threshold is set in ordinance

• Below which, no permit is necessary, but an official waiver is

– What may be exempt?

• Renovations

• Remodeling

• Additions

• Alteration of structure below a certain threshold

The Permit Process

• Zoning Permits– “Use by Right”

– Proposed development strictly adheres to use and intensity restrictions of ordinance

– Planning administrator grants permit

– No public meeting required

– No public notification required

The Permit Process

• Special Use Permits– Permits may be issued for uses that otherwise may only

require a zoning permit

• Given the context of use and its intensity

– Public notification required

– Public hearing required (BOA or Town Council)

– Conditions may be placed on permit (staff and/or BOA, T.C.)

• Conditions must be met for permit to be valid

– Approval contingent upon a number of questions

• Answers provided by issuing body (BOA, Town Council)

• Decision informed by testimony & evidence at public hearing

The Permit Process

• Voting on Board of Adjustment / Town Council (S.U.)

– Does BOA have jurisdiction?

– Is application complete?

– The development will:

• Comply with the requirements of the ordinance

• Not materially endanger public health or safety

• Not substantially injure the value of adjoining or abutting properties

• Be in harmony with the area in which it is to be located

• Be in general conformity with the policy plans adopted by council

• (if required) meet standards of transitional zones

The Permit Process

• What determines requirement for permit type?– Ordinance

• Table of Principal Uses

– Discretionary Powers of Administrator

• Granted by governing body

• Outlined in ordinance

– Under what circumstances

– Scope of authority

The Permit Process

• The use of discretion

– Creates due process issues

• Many feel that the exercise of discretion by planning administrator is an improper delegation of legislative authority

– Must be outlined

– Ultimate decision must meet a “reasonableness” test

Non-Conforming Uses

• Applies to uses, dimensions, lot, projects, signs– Inconsistency with ordinance at time of enactment

– Generally “grandfathered” in

• Uses– Incompatible with zoning district use restrictions

• Dimension– Height, size, FAR

• Lot– Minimum size, width

Non-Conforming Uses

• Projects– Project incomplete and inconsistent with any portion of

ordinance (UDO)

• Signs– Blah

Non-Conforming Uses

• Provisions in ordinance– Protect existing non-conforming uses

– Ensure these uses do not expand or enlarge

– Provide guidance on reversion of properties to conforming status

• Amortization

• Property changing hands

• Time limit on abandonment of use / situation

Variances

• Consider a variance to be a “relief valve”– Protects property interests by allowing the exercise of

development rights

– Protects government from takings actions

Variances

• Granting a variance– Strict compliance with regs allows no reasonable use of the

applicant’s property

– Hardship is suffered by applicant and not by the neighborhood or general public

– Hardship relates to property, not personal circumstance

– Hardship is peculiar to applicant’s property

– Hardship is not result of applicant’s actions

– Variance won’t interfere with rights of others

– Variance won’t result in the extension of a non-conforming situation nor authorize the initiation of a non-conforming use