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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