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