Case Study: Urban Planning and Development Issues

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ZONING AND SUBDIVISION REGULATIONS

PADM 708 URBAN PLANNING IN STATE AND LOCAL GOVERNMENTS

Purposes of the zoning ordinance

Protects property values through property owner certainty and

buffering from incompatible uses.

Maintains environmental features by limiting development in threatened areas.

Regulates development density to ensure growth happens in a

sustainable and efficient pattern.

Reserves area for community amenities such as parks, open space, and community spaces.

Ensures development integrates will future growth plans.

Presenter

2019-07-26 14:03:02

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Zoning ordinances (and subdivision ordinances), when tailored to a community and properly enforced, serve several purposes: Not a full list, but proven items over the 100+ year since the first zoning ordinance was adopted.

Does not regulate the interior of buildings and how buildings are constructed. This is the locally adopted building code.

Does not regulate the layout and design of lots and public streets. This is the locally adopted subdivision code.

Does not directly regulate where utility lines and infrastructure are located. This is the subdivision code in combination with environmental, health, and community considerations.

Does not tear down buildings or force people to move from their homes or businesses without their request, assuming the property has all necessary permits and is not a danger to the health, safety, and general welfare of the community.

Does not force property owners to change to new zoning or make changes to their existing property.

ZONING DOES NOT…

Presenter

2019-07-26 14:03:02

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Equally important, there are many actions that zoning ordinances do not do or regulate. Zoning ordinances: Zoning can be confusing and often misinterpreted. We will stress these items throughout the process

TYPICAL CHARACTERISTICS THAT ARE REGULATED BY ZONING ORDINANCES

Height, number of stories, and size of buildings and other structures

Percentage of a lot that may be occupied

Size of yards, courts, and other open spaces

Population density

Location and use of buildings, other structures, and land for business, industrial, residential or other purposes

In areas of historical, cultural or architectural significance - may regulate construction, reconstruction, alteration or razing of buildings or other structures

Home rule cities may also regulate the bulk of buildings

Presenter

2019-07-26 14:03:02

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Height and number of stories keeps buildings from casting permanent shadows on neighboring properties Lot percentage is intended to keep flooding down

Yards and open space reduces risk of fire Density limits over crowding

Lot area Setbacks

Lot width Heights

Dwelling area Densities

Parking

Landscaping Open Space

Tree Preservation Lighting/ Glare Screening/ Fencing Urban Design Environmental issues

Use regulations

Districts

Procedures

Development Standards

Zoning Ordinance Components

Zoning Types and Descriptions1

Zoning Type	Description
PUD	Gives flexibility to communities looking to integrate different uses together even enable the mixing of uses within the same building.
	Enable municipalities to create custom zoning standards
	Compared to conventional zoning that regulated use on lot-by-lot basis, PUDs are developed on a group of contiguous parcels or tracts that meet minimum area requirements to create a unified master plan.
	Concept of the PUD is extension of cluster zoning, which maintains the overall density of a development while preserving open space and environmentally sensitive areas for the residents.
	The placement of individual buildings are clustered increasing the density in certain areas, creating more open spaces. Permitted uses are much greater in number allowing mixing of uses.
	Permitted uses are much greater in number allowing mixing of uses.
	A major criticism of PUDs is that even though internal connectivity is often achieved Between different uses, the PUD often fails to effectively connect to the local street system. This lack of connectivity can lead to an additional burden on arterial roadways.

1. Source: Ghorbanian (2020), pp. 113-114.

Zoning Types and Descriptions

Zoning Type	Description
Bonus or Incentive Zoning	An attempt to control the spread of low-density developments, while maintaining their current zoning ordinances, creating more livable communities.
	Bonus or incentive zoning may allow a developer to build at a higher density than a certain zone
	Bonus and incentive approaches have been criticized because of the time-consuming nature of negotiations required, and its ability to undermine the certainty of the underlying zoning ordinance.
Inclusionary Zoning	Denotes for a program imposing price controls over a percentage of the novel development.
	Some affordable units are mandated, an income level is defined by median income, and provided for reasonable period. Incentives provided by inclusionary ordinances where density bonus is usual.
	Defends natural resource areas.
	Overlay zones tailored to defend environmental areas: forest, aquifer, reservoir, or beach area.
	Overlay zones more effective compared to other land use controls in environmental protection since flexible, concentrate on environmental areas, and use performance standards.

1. Source: Ghorbanian (2020), pp. 113-114.

Zoning Types and Descriptions

Zoning Type	Description
Cluster zoning (Conservation-oriented development)	Cluster zoning is a zoning technique where development density is defined for a total specified area, instead of on a lot-by-lot basis. By the specified cluster zone, a developer can exercise larger flexibility in planning and assigning structures, providing the overall density requirement is satisfied.
	Cluster zoning known as conservation-oriented development, makes is possible to cluster and construct the total number of homes in a specified land more compactly onto one or more portions of the land; normally, double the density is focused on half the land. By such a strategy, it is possible to develop the smaller homes (less expensive) on smaller lots (less expensive), hence, alternative housing options are provided for multiple community population groups and the opportunity is offered to maintain remaining land for neighborhood and public use.

1. Source: Ghorbanian (2020), pp. 113-114.

Zoning Types and Descriptions

Zoning Type	Description
Transfer of Development Rights (TDR)	Another zoning related device is the transfer of development rights (TDR). The method is intended to focus the development in areas in which it is required and to limit it in areas in which it is not required.
	Property owners in areas that are being preserved can sell their development rights to property owners in areas where greater density is desired. This can be an effective tool to encourage farmers to retain their land for agriculture.

1. Source: Ghorbanian (2020), pp. 113-114.

Zoning Types and Descriptions

Zoning Type	Description
Performance Zoning	Performance-based regulation is created assuming that the effects of land use as a function of intensity, or the physical functions and characteristics, instead of particular land uses themselves (residential or commercial).
	The main goal of performance-based land use regulation is to adapt land uses to site features.
	This regulation offers for higher discretion based on the allowed land uses while trying to restrict the effects of the land uses via the performance criteria.
	Although traditional zoning separates land uses, in performance-based methods, better land use integration is allowed providing that meeting performance criteria.

1. Source: Ghorbanian (2020), pp. 113-114.

ZONING CLASSIFICATION

Zoning is the legislative process for dividing land into zones for different uses. Local governments create zoning laws to protect the health, safety, and welfare of its residents.

Zoning is used to:

Protect the value and enjoyment of properties by separating incompatible land uses and minimizing their potentially negative impacts upon each other.

Protect the value/enjoyment of properties by allowing the most appropriate land use for its location and surrounding uses.

Provide orderly development including facilitating land used in highest and best use for local residents.

Provide adequate public infrastructure (roads, water and sewer,..).

ZONING CLASSIFICATION

A local government’s zoning ordinance accomplishes the following:

The uses within the zoning district (for commercial, residential, industrial, mixed uses, agricultural use,..).

Details the buildings and other structures that can be built within a zoning district (size, number of stories/height, signs,..).

The location of the structures including setbacks and open space.

Compatibility of uses in that zoning district to uses adjacent to it (buffers, flood control,..).

ZONING CLASSIFICATION—CHEROKEE COUNTY, GA

General Agricultural District (AG).

Within the district, the subdivision of land for suburban development is discouraged, while agriculture and livestock production are strongly encouraged in order to maintain the rural character of these areas. Onsite sales should be limited to live animals, plants and produce that have been raised on the property, unless this Ordinance specifically provides for limited related commercial activities for particular uses.

Estate Residential District (R-80, R-60).

The areas involved are generally in transition from agricultural to residential development and are considered appropriate for low density residential development. Limited agricultural uses, such as crop production and animal husbandry, on tracts of 5 acres or more are also compatible with this district.

ZONING CLASSIFICATION—CHEROKEE COUNTY, GA

Single-Family Residential Districts (R-40, R-30).

Residential development of a low-density urban character.

The regulations are designed to permit and encourage residential development in urbanized areas.

Limited agricultural uses, such as crop production and animal husbandry, on tracts of 5 acres or more

Single-Family Residential Districts (R-20).

Medium density single-family residential uses in a moderately spacious surrounding.

The R-20 development district shall be served with an approved community water system.

ZONING CLASSIFICATION—CHEROKEE COUNTY, GA

Single-Family Residential (R-15, RD-3, RZL).

High-density single family residential uses in a moderately spacious surrounding.

These development districts shall be served with an approved community water system and a central sewerage system.

Single-Family Attached Residential Districts (RA, RTH).

Intermediate housing types and densities between single-family detached and multifamily dwellings.

Duplexes, triplexes, quadruplexes or townhouses to be located in the urban portion or suburban portion of the area where apartment buildings would not be compatible. Innovative design with cluster development is encouraged.

Such development districts intended to be served with central sewerage system except for lot sizes > 20,000 ft2.

ZONING CLASSIFICATION—CHEROKEE COUNTY, GA

Multi-Family Residential District (RM-10, RM-16).

These residential districts permit development of high-density, multi-family residential dwellings. These zoning districts are located where public water supply and sewerage facilities are available or can be obtained and where there is convenient access to collector streets or major thoroughfares. Used as transition zone between residential districts and commercial districts.

Traditional Neighborhood Development (TND).

A floating district which may be located within any residential district if it meets all the standards for a TND. This district encourages flexible and innovative design in site planning and building arrangements under a unified plan instead of standard zoning. TNDs may be residential, commercial, or a combination of land uses. The developer benefits from better land use, economy in the provision of roads and utilities, and flexibility in design.

ZONING CLASSIFICATION—CHEROKEE COUNTY, GA

Office/Institutional District (OI).

A location for office, institutional, medical and educational development.

Limited related retail business and service activities permitted but not involved with storage & processing.

Corporate Park District (CP).

Suitable areas for developments that are primarily for offices for businesses, professional services, and sales activities with a limited amount of retail uses within master-planned developments or parks.

This district should be accessible to an arterial. An overall concept plan is required within this zoning.

Neighborhood Commercial District (NC).

Limited retail activities, commercial sales, personal services and professional offices to serve the general need of and compatible with a residential neighborhood.

Discourage commercial strip development.

A maximum allowed floor space of 10,000 square feet per acre of total building floor space.

General Commercial District (GC).

Variety of commercial sales and service activities and serve a wide area.

The permitted uses are generally located along the major thoroughfares.

Activities with limited storage may be permitted.

Districts are located to create centers or concentrations of commercial activities and to

discourage commercial strip development.

ZONING CLASSIFICATION—CHEROKEE COUNTY, GA

Light Industrial District (LI).

Suitable areas for industrial development but whose proximity to residential or commercial districts makes it desirable to limit the intensity of industrial operations and processes.

This district limits industrial, manufacturing, and warehousing uses to indoors, except for limited amounts of outdoor storage screened and located in a side or rear yard. The district should be accessible to a major arterial or State Highway.

Permitted uses do not have smoke, dust, fumes, gas, heat, glare, fire hazards, noise, vibrations, and other nuisances.

Heavy Industrial District (HI).

Suitable areas for industrial operations and processes conducted both indoors and outdoors.

Due to its intensity, district located on or have access to a major arterial or State Highway.

Separated from residential areas by significant natural barriers and/or buffers.

ZONING CLASSIFICATION—CHEROKEE COUNTY, GA

R = Residential Districts

C = Commercial Districts

M = Manufacturing Districts

EXAMPLE Zoning Districts

Parking

Use Requirements

C 4 - 7

Intensity

Manhattan Borough President Gale A. Brewer

Difference Between Conditional Uses and Variances

Both variances and conditional use permits are granted by the local zoning board that allow the property owner to vary from the provisions of the zoning ordinance; however, this process is governed by the local zoning board.

A variance can be granted to alleviate “unnecessary hardship” on the property owner caused by unique circumstances of the land that prevent development of the property using the current the zoning.

A variance can affect or change minimum setback requirements, building height and floor area limits, and similar restrictions. Yet, a variance cannot be applied to change the character of the property zoning district.

A conditional use permit is granted to allow a use that is not permitted, but which can be approved if the property owner can comply with conditions imposed by the zoning board.

The zoning ordinance defines conditional uses that are allowable in each zoning district and the conditions that may be imposed. The definition of a conditional use may differ from one local government to another.

Nonconforming Uses

A nonconforming use for a property occurs when that use was first permitted under the zoning regulations at the time the use was established but due to more recent updates/changes in those zoning regulations, the use is no longer a permitted use.

Local restrictions typically prohibit expansion of nonconforming uses and structures.

Board of Standards & Appeals (BSA) may grant a variance from Zoning provisions provided that each of these findings are met:

Uniqueness

(e.g. unusual subsurface condition, oddly-shaped lot, programmatic needs)

Reasonable Return

(non-profit institutions are exempt)

Neighborhood Character

(consistency of use and size)

Hardship not Created by Owner

(e.g. leaching contaminants from neighboring properties, conditions of

nature, government actions)

Minimal Variance

(no more than needed for reasonable economic return)

Zoning Variances

Manhattan Borough President Gale A. Brewer

ZONING APPLICATION PROCESS

meeting with the city staff

preparing the application

meeting with surrounding property owners and neighborhood associations (optional)

filing the application

conducting the planning & zoning commission hearing

addressing any conditions, concerns or questions of the zoning commission including meeting with the neighborhood, if necessary

presenting the application to city council

confirming adoption of the ordinance (if applicable)

Board of Adjustment

Quasi-judicial

Hear and decide an appeal that alleges error in an order, requirement decision, or determination made by an administrative official in the enforcement of the city’s zoning ordinance

Hear and decide special exceptions

Authorize a variance from the terms of a zoning ordinance

Hear and decide other matters authorized by the city’s zoning ordinance

5 members appointed by the City Council

Presenter

2019-07-26 14:03:04

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Special exceptions: modifications tothe zoning regulations specifically set forth in the zoning ordinance that allow such if certain criteria in the ordinance are satisfied

Board of Adjustment

The concurring vote of 75 percent of the members of the board is necessary to:

Reverse an order, requirement, decision, or determination of an administrative official;

Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or

Authorize a variation from the terms of a zoning ordinance.

SUBDIVISION REGULATIONS

Subdivision is a division of a tract or parcel of land into two or more lots, building sites, or other divisions for the sale or building development, including new streets or a change in existing streets.

Major Subdivision is when a tract or parcel of land is divided into four or more lots. These subdivisions might involve the construction of a new public or private street. Because major subdivisions involve construction of a new public or private street or the upgrade of an existing private access way, construction plans, and land disturbance permits are required. Therefore, a major subdivision is processed in phases with a preliminary plat approval, approval of construction plans, issuance of a land disturbance permits, and final plat approval.

Minor Subdivision is divided into four or fewer lots and it does include new public or private streets. These subdivisions are processed as final plat applications and they do not need a preliminary plat approval.

SUBDIVISION REGULATIONS-PURPOSE

Purpose of Subdivision Regulations

Promote and protect the health, safety, and general welfare.

Provide a system for the subdividing of lands and the accurate recording of land titles.

Encourage economically sound, orderly, and compatible land development practices in accordance with the Comprehensive Plan and other local policies and objectives.

Provide needed open spaces and public facility sites in new subdivisions through dedication.

Ensure equitable review and approval of all subdivisions by providing uniform procedures and standards for the subdivider.

Typical Components of a Subdivision Ordinance

Plat Approval Procedures

General layout of the Document

Minimum Design Standards

Conformance with zoning district regulations

Required Public Improvements/Funding

Dedication Requirements (or Fee in Lieu of Dedication)

Right-of-way /Easement Requirements

Plat Review Procedures and Fees

Consistency with Comprehensive Plan