1. Height & Bulk Controls

2. A brief comment on home occupations... In Euclid, Southerland wrote;In Euclid, Southerland wrote; “...the exclusion of buildings devoted to business, trade, etc. from residential districts, “...the exclusion of buildings devoted to business, trade, etc. from residential districts, bears a rational relationship to the health and safety of the community.” bears a rational relationship to the health and safety of the community.”

3. When should “business” be excluded? Typically zoning allows “accessory use” of the propertyTypically zoning allows “accessory use” of the property –A detached garage to a single family home –A gas pump to a convenience store –A barn to a farm The problems arise with accessory uses in residential areasThe problems arise with accessory uses in residential areas –“Home Offices” –Parking of “commercial vehicles”

4. Incidental Use Permitted accessory uses must be incidental and customary to the primary use of the property.Permitted accessory uses must be incidental and customary to the primary use of the property. –If primary use is a residence A home office might be customary & incidentalA home office might be customary & incidental But having employees at the home office is (usually) not; the same for having “customers” coming to the home for business purposes.But having employees at the home office is (usually) not; the same for having “customers” coming to the home for business purposes. –If primary use is restaurant, Having live music might be customary & incidentalHaving live music might be customary & incidental Having dancers, especially with little to no clothing, is (usually) not.Having dancers, especially with little to no clothing, is (usually) not.

5. Vehicle Storage The storage, i.e., parking, of “commercial” vehicles is (usually) not a permitted accessory use in residential areas.The storage, i.e., parking, of “commercial” vehicles is (usually) not a permitted accessory use in residential areas. What’s a “commercial” vehicle?What’s a “commercial” vehicle? –A vehicle with some type of advertising on it –A vehicle used for a commercial purpose Trucks, especially SemisTrucks, especially Semis –The great popularity of trucks and SUVs for private use has clouded the matter. Increasingly a matter of deed restrictions and covenants, especially on unclear issues.Increasingly a matter of deed restrictions and covenants, especially on unclear issues.

6. Accessory Residences Some jurisdictions are now authorizing accessory residences, i.e., a second and usually smaller residence on a site typically used for a single residenceSome jurisdictions are now authorizing accessory residences, i.e., a second and usually smaller residence on a site typically used for a single residence –“Mother-in-law Suites” –Student rentals –“Kangaroos,” a separate residence in the basement Typically authorized to provide “affordable” housing.Typically authorized to provide “affordable” housing. Sometimes allowed to enhance owner’s income.Sometimes allowed to enhance owner’s income.

7. Hot Issue Many owners of Florida homes, especially those close to the coast, rent them out.Many owners of Florida homes, especially those close to the coast, rent them out. When is the rental of a home...When is the rental of a home... customary and incidental? –Annual lease? –Seasonal (3 month) lease? –Daily rental? Is the rental of a residence on a daily basis customary and incidental to the primary use?Is the rental of a residence on a daily basis customary and incidental to the primary use?

8. Height & Bulk Controls The SSZEA...The SSZEA... “For the purpose of promoting health, safety, morals, or the general welfare of the community, [local governments] are empowered to regulate:“For the purpose of promoting health, safety, morals, or the general welfare of the community, [local governments] are empowered to regulate: –Height of buildings –Number of stories of buildings –Size of buildings

9. The authority granted in the SSZEA, or by home rule, must beThe authority granted in the SSZEA, or by home rule, must be Exercised in accordance with a comprehensive plan andExercised in accordance with a comprehensive plan and “such restriction cannot be imposed if it does not bear a substantial relation to the public health, safety, morals, or general welfare. ” Nectow“such restriction cannot be imposed if it does not bear a substantial relation to the public health, safety, morals, or general welfare. ” Nectow

10. The main bulk control is the F.A.R.The main bulk control is the F.A.R. –Floor Area Ratio –The ratio of the total floor area within a building to the total land area on which the building sits. A 40,000 FT² building on a 40,000 FT² lot = 1A 40,000 FT² building on a 40,000 FT² lot = 1 –Typical FAR -- suburban Residential, single family0.15 – 0.20Residential, single family0.15 – 0.20 Residential, multi family0.50 – 1Residential, multi family0.50 – 1 Commercial0.15 – 0.20Commercial0.15 – 0.20 Offices0.25Offices0.25 Industrial0.30Industrial0.30

11. Rockefeller Center FAR = 18FAR = 18

12. Recent Case Teton County, Wyoming, enacted a maximum for a single family home at 8,000 FT²Teton County, Wyoming, enacted a maximum for a single family home at 8,000 FT² –Trial Court Granted summary judgment in favor of plaintiffGranted summary judgment in favor of plaintiff –Wyoming Supreme Court Teton County v Crow, 65 P.3d 720 (2003)Teton County v Crow, 65 P.3d 720 (2003) Reversed and sent back for trial, commenting that such restrictions were within authority.Reversed and sent back for trial, commenting that such restrictions were within authority.

13. Height & Incentives Most communities limit heights to less than the market would demandMost communities limit heights to less than the market would demand –People don’t like tall buildings unless they live or work in them. Relaxation of height limits is a common incentive.Relaxation of height limits is a common incentive.

14. Incentive Zoning Money Talks!

15. Seattle wanted... Developers to design projects to achieve certain public objectives – –Public open space –Mixed use development –Pleasing architecture –On-site day care –Interconnections with transportation system

16. So, if developers will accommodate public objectives, Seattle will give developers Additional development intensity, i.e. –More leasable floor area –In taller buildings

17. Why do this? Much cheaper to provide “incentives” for private provision that to have public provision. With limited resources, public provision is probably not a realistic option.

18. But... Why should a developer have to “pay off” the city in order to develop an office building that; –The market demands, –Is technologically sound, and –Is consistent with health, safety and welfare as evidenced by the fact that the city will approve it?

19. Seattle’s Washington Mutual Tower, zoned for 27 stories

20. As of right 27 stories Affordable Housing Contribution - add 13 stories Transit Contribution - add 1 story Public Plaza – Add 2 stories Public Atrium – Add 1.5 stories Public Garden Terrace Add.5 stories Day Care Add 1 story For sculptured top add 2 stories Retail space add 2 stories For mechanical space 2 stories Public escalator add 2.5 stories

21. Incentives take the Washington Mutual Tower From 27 to 55 stories – Seattle’s tallest building