This document provides an overview of key concepts in zoning. It describes how the first zoning ordinance was established in the 1920s to separate noisy industrial uses from residential areas. The seven basic elements of every zoning ordinance are then outlined: 1) segregation of uses, 2) development standards, 3) nonconformities, 4) permit evaluation criteria, 5) procedures, 6) definitions, and 7) a zoning map. The document also discusses refinements like overlay zones and planned developments, as well as different types of procedures, plans, and zoning schemes.
4. • 1920s Northeastern USA
• Noisy, smelly industry proposed
next to residences
• Neighbors object
• City council adopts ordinance
designating area for residences
only
5. 1 BASIC ELEMENT
ST
USE SEGREGATION
Permitted Uses
Principal
Accessory
Special Uses (first basic zoning “permit”)
Permanent
Temporary
9. YEARS LATER
● Finds another lot
HOWEVER
● Asks City Council to prohibit
higher houses
10. 2 BASIC ELEMENT
ND
DEVELOPMENT STANDARDS
Height limits; front, side, back yard
setbacks, minimum lot size, minimum
lot width, color of exterior walls &
roof, slope of roof, lot depth, etc., ad
infinitum … MEASUREABLE
Second Basic Zoning Permit - Variance
11. NEXT PROBLEM
● Whole cities “zoned”
●“Mom & Pop” grocery zoned
residential (use)
● Half block of houses too close
to street (structure)
● 3,000 sq. ft. lots too small (lots)
15. THREE BASIC PERMITS
• SPECIAL USE PERMIT
• VARIANCE
• MODIFICATION TO A NON-CONFORMITY
Bare minimum
Essential to every ordinance
16. 4th BASIC ELEMENT
PERMIT EVALUATION
CRITERIA
Special Use Permit
Variance
Modification to a Nonconformity
17. ● Special Use Criteria – individually crafted;
“compatible with the neighborhood... not
generate excessive traffic, etc.”
● Variances – generally set forth in state law;
hardship not created by the owner, nor
general to the neighborhood
● Modification to a non-conformity – generally
individually crafted
● Other permits – individually crafted
18. 5 BASIC ELEMENT
PROCEDURES
th
(WAYS TO OBTAIN PERMITS)
● Staff issues simple permits
● Staff recommends - Planning
Commission (PC) decides
● Staff recommends to PC – PC
recommends to Council