Implementation of Urban Planning: Zoning and Subdivision Regulations Stuart Meck, FAICP Senior Research Fellow American Planning Association Module 2:

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Presentation transcript:

Implementation of Urban Planning: Zoning and Subdivision Regulations Stuart Meck, FAICP Senior Research Fellow American Planning Association Module 2: Spatial Analysis and Urban Land Planning

Legal Authority for Zoning in the U.S.  The Standard State Zoning Enabling Act  The Standard City Planning Enabling Act  State enabling legislation  Other authority—Municipal charters

Problems with Early Zoning Legislation Urban and local orientation Static view of municipal development A process orientation Optional plan-making

The Zoning Ordinance: Zoning Map

The Zoning Ordinance District Regulations Yards Height Bulk or Floor Area Ratio Maximum lot coverage Maximum impervious surface ratio

Floor Area Ratios

Other Regulations Accessory structures and uses Landscaping Off-street parking and loading Home occupations Conditional uses Signs

Off-street Parking Standards

Nonconforming Uses  Definition Nuisance Lawfully established Vesting Amortization

Enforcement Zoning and Building Permits Completeness Reviews Enforcement Procedures Administrative—Stop work Criminal Injunctions

Board of Zoning Appeals Structure and organization Powers Variances Conditional Uses Appeals of interpretations, permit refusals Alternative: Hearing examiner

Zoning Map and Text Amendments Purposes Piecemeal amendments Comprehensive amendments Map amendment Consistency with comprehensive plan Density and intensity, compatibility Interpretation of plan text Proposed public improvements

Subdivision Regulation Purposes Legal authority Contents Submission requirements Design standards Engineering Standards Erosion and sedimentation control

Subdivision Regulation

Subdivision Review Procedure Preapplication conference Preliminary plat review Final plat review Public improvement guarantees Time limits Exactions & fees in lieu Parks & school sites Storm drainage

Planned Unit Development

Urban Growth Boundary

Transfer of Development Rights

Density Bonus

Other Techniques Adequate public facility ordinances Impact fees Exclusive farmland districts Traditional neighborhood development zones Overlay districts Critical and sensitive areas Floodplain zoning

Current Problems in Land-use Controls Exclusionary zoning Takings Bureaucracy Timeliness of reviews Coordination among governmental units Gold-plating of development standards Lack of clear authority for certain techniques