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Highway Beautification Act 23 USC 131 (d)
Signs may be erected in areas…which are zoned industrial or commercial under authority of State Law States shall have full authority…to zone for commercial or industrial purposes and the actions of the States will be accepted for purposes of this Act.
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SO, What is zoning?
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Perhaps more importantly, what does 23 CFR 750.708 mean by zoning?
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"Zoning" means the power of local governments to provide
"Zoning" means the power of local governments to provide ...for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
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Model State Zoning Enabling Act
Defines Zoning: The establishment by local governments of districts that are restricted to various types of manufacturing, commercial, or residential use. 1923 Herbert Hoover Secretary of Commerce
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Four types of zoning
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Euclidean Zoning Most common and most traditional approach to zoning
Regulates development through land use classifications and dimensional standards. Typical classifications are : Single or multi-family residential Commercial Industrial Institutional Recreational
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Euclidean Zoning - continued
Traditional goals: Providing for orderly growth Preventing overcrowding of land and people Alleviating congestion Separating incompatible uses
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Form-Based Code Emphasis on regulating form and scale of buildings and their placement within public spaces. Urban planning goals include curbing urban sprawl, promoting pedestrian safety, and preserving the fabric of historic neighborhoods. Plan designates appropriate form, scale and character of development rather than distinctions in land-use types.
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Incentive Zoning Offers a reward (usually increased density) to developers who do something "extra“ in the community's interest ( i.e. provides more open space) or promotes a public goal (i.e. more affordable housing or transit access) The terms "density bonuses" or "community benefits“ are often used Allows local jurisdictions a high degree of flexibility
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Performance Zoning Regulates the effect or impact of land uses through performance standards usually concerning traffic flow, density, noise and access to light and air. Developers can build almost any building that meets the performance standards for that district.
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examples
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City of Atlanta
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CODE OF ORDINANCES City of ATLANTA, GEORGIA
Mixed Use Districts R-LC RESIDENTIAL-LIMITED COMMERCIAL DISTRICT REGULATIONS C-1 COMMUNITY BUSINESS DISTRICT REGULATIONS C-3 COMMERCIAL RESIDENTIAL DISTRICT REGULATIONS C-4 CENTRAL AREA COMMERCIAL RESIDENTIAL DISTRICT REGULATIONS PD PLANNED DEVELOPMENT DISTRICTS PD-MU PLANNED DEVELOPMENT--MIXED USE DISTRICT REGULATIONS
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Overlays, Special Public Interest and Landmark Districts
SPI-16 MIDTOWN SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI SPECIAL PUBLIC INTEREST DISTRICTS, GENERAL PROVISIONS HC HISTORIC AND CULTURAL CONSERVATION DISTRICTS* SPI-17 PIEDMONT AVENUE SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-1 DOWNTOWN SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS* CABBAGETOWN LANDMARK DISTRICT* DRUID HILLS LANDMARK DISTRICT* SPI-3 MIDTOWN DISTRICT REGULATIONS SPI-18 MECHANICSVILLE NEIGHBORHOOD SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS* MARTIN LUTHER KING, JR. LANDMARK DISTRICT* SPI-4 ARTS CENTER DISTRICT REGULATIONS WASHINGTON PARK LANDMARK DISTRICT* SPI-5 INMAN PARK SPECIAL INTEREST DISTRICT SPI-19 BUCKHEAD PEACHTREE CORRIDOR SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS OAKLAND CEMETERY LANDMARK DISTRICT* SPI-6 PONCEY-HIGHLAND DISTRICT SPI-20 GREENBRIAR SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-7 CANDLER PARK DISTRICT BALTIMORE BLOCK LANDMARK DISTRICT* SPI-8 HOME PARK DISTRICT REGULATIONS WEST END HISTORIC DISTRICT* SPI-21 HISTORIC WEST END/ADAIR PARK SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-9 BUCKHEAD VILLAGE OVERLAY DISTRICT REGULATIONS HOTEL ROW LANDMARK DISTRICT* ADAIR PARK HISTORIC DISTRICT* SPI-10 UPPER MIDTOWN NEIGHBORHOOD DISTRICT REGULATIONS SPI-22 MEMORIAL DRIVE/OAKLAND CEMETERY SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS WHITTIER MILL HISTORIC DISTRICT* GRANT PARK HISTORIC DISTRICT REGULATIONS SPI-11 VINE CITY & ASHBY STATION SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS* PD-H PLANNED DEVELOPMENT--HOUSING DISTRICT REGULATIONS Inman Park Historic District Regulations OAKLAND CITY HISTORIC DISTRICT REGULATIONS SPI-12 BUCKHEAD/LENOX STATIONS SPECIAL PUBLIC INTEREST DISTRICT PD-MU PLANNED DEVELOPMENT--MIXED USE DISTRICT REGULATIONS CASTLEBERRY HILL LANDMARK DISTRICT REGULATIONS SPI-14 BERKELEY PARK DISTRICT REGULATIONS PD-OC PLANNED DEVELOPMENT--OFFICE-COMMERCIAL DISTRICT REGULATIONS ATKINS PARK HISTORIC DISTRICT REGULATIONS SPI 15 LINDBERGH TRANSIT STATION AREA SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS PD-BP PLANNED DEVELOPMENT--BUSINESS PARK DISTRICT REGULATIONS
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Putnam county
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CODE OF ORDINANCES PUTNAM COUNTY, GEORGIA
Village District Sec Purpose. The purpose of this district is to encourage developers to create a "village" atmosphere of various types of residential solutions intermixed with small scale commercial.
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Thomas county
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CODE OF ORDINANCES THOMAS COUNTY, GEORGIA
3.277 CL Commercial, Limited. The purpose of this district is to provide and protect an environment suitable for selected office and retail commercial uses and residential transitional surroundings.
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Billings Montana
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CODE, CITY OF BILLINGS, MONTANA
RP Residential Professional: A zone intended to accommodate limited commercial and professional offices as would be compatible with adjoining residential districts and consistent with the objectives of the comprehensive plan.
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CODE, CITY OF BILLINGS, MONTANA, continued
Article Shiloh Corridor Overlay District. The purpose of the Shiloh Corridor Overlay District is to provide standards for industrial, commercial, and mixed-use development as called for in the West Billings Plan. This overlay zoning district is intended to promote an aesthetically pleasing and distinct entryway corridor by encouraging abundant landscaping, attractive building design, and preservation of scenic vistas.
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DOOLY COUNTY
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Dooly County, Georgia Zoning, Sec. 1. Title and Objectives
"Zoning Ordinance of Dooly County, Georgia," for the purpose of setting forth standards and permissible uses of land designed to conserve and protect the natural, economic and scenic resources of Dooly County; to secure safety from fire, panic and other dangers; to promote health, aesthetics, morals, convenience, order, prosperity and general welfare;
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Dooly County, Georgia, continued
to provide adequate light and air; to prevent the overcrowding of land; to promote desirable living conditions and stability in neighborhoods; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements by dividing Dooly County into districts of such size and shapes as may be best suited to carry out the purposes of the legislative act and of this resolution.
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Dooly County, Georgia, continued
ARTICLE X. GENERAL COMMERCIAL C-2 Sec. 1. Statement of Purpose. The General Commercial zone is established to provide for and encourage development of a wide variety of sales and services in response to the broader commercial needs of the County.
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LOCATION PHOTO OF APPLICATION FOR OUTDOOR
ADVERTISING PERMIT – DOOLY COUNTY, 1-75 MP 103 ZONED C-2 SINCE 1989
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Lumpkin county
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Lumpkin County, GA - “Land Use Plan”
“alternative to traditional zoning” to “guide future growth toward preferred locations” “does not prohibit any specific use within any character area, village or corridor” No “present land use map” or “zoning map” Enacted in accordance with the Georgia Zoning Procedures Law
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What does this all mean?
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WHAT NOW?
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CFR assumes 1950’s era Euclidean zoning ordinances with single use districts as the regulatory mechanism Current zoning practices are increasingly form, incentive, and performance based Routinely utilize mixed uses and overlay designations to regulate area character and guide development patterns
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Lines between Residential and Commercial districts have blurred, even in rural areas
Restricting signs to Commercial and Industrial areas is not so clear anymore
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