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64 Cards in this Set
- Front
- Back
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Platting |
Subdivision of land into two or more parcels, sites, or lots for the purpose of transfer of ownership, development, or other form of valuable interest. First appeared in 1660 |
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plat |
map of a tract or parcel of land |
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replat |
allows for lots to be subdivided further or added back together |
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amending plat |
corrects errors or adds additional information to a plat |
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vacating plat |
allows for a plat to be terminated prior to the selling of any lots |
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preliminary plat |
a to-scale mechanical drawing with precise topography and prescribed intervals showing the calculated location of all lots, streets, drainage patterns, facilities and proposed dedications |
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final plat |
approved preliminary plat with all beating, monuments, curves, and notations, together with all dedications, easements, and approvals |
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what are the purposes behind subdivision regulations? |
- to regulate subdivision development and implement planning policies - to implement plans for orderly growth and development within the city's boundaries - to ensure sanitary conditions and other governmental services - to require compliance with certain standards as conditions and other governmental services - to officially register land |
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process of platting |
1. applicant submits a preliminary plat 2. preliminary plat is reviewed by staff for compliance with subdivision regulations 3. plat is reviewed by planning commission 4. once approved, owner prepares final plat 5. final plat is reviewed and approved by planning commission |
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ETJ |
extraterritorial jurisdiction
a distance outside of the city limits where the subdivision regulations apply. distance is specified under state law |
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performance bonds |
an agreement between the property owner and the community to ensure that the final plat is built as shown on the drawings within a certain time period.
if developer fails to do this, the locality uses the bond to cover the cost of constructing the improvements |
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exaction |
when a condition for development is imposeed on a parcel of land that requires the developer to mitigate anticipated negative impacts of the development.
similar to impact fees |
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dedications |
gifts of land for public purposes, such as roads, parks, and utilities |
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impact fees |
fees charged for off-site infrastructure that is needed to provide service to a development, such as a water or sewer main |
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subdivision bonus |
the extension of development benefits beyond those normally offered in exchange for enhancements such as affordable housing, cluster housing, and open space preservation. |
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zoning |
separation of land uses |
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what is the purpose of zoning? |
prevent land use conflicts allow growth to occur in a planning manner |
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benefits of zoning |
protect and maintain property values promote public health and safety protect the environment promote the aesthetic of a community manage traffic manage density encourage a variety of housing attract businesses and industries |
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most commons elements that zoning controls |
land use, lot size, density, building placement, building height, building bulk, setbacks, provision of adequate light and air, parking, landscaping, signage |
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role of staff |
provide information to the public regarding the zoning ordinance
reviewing applications and writing reports for the P&Z Commission and the Zoning Board of Adjustment |
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Planning and Zoning Commission |
a required body to issue recommendations in matters of zoning.
recommendations then go to a governing body |
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Board of Zoning Appeals |
a quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff's administration of the zoning ordinance.
appointed by the governing body, members are community members who volunteer their time |
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City Council |
governing body of a city that often has the final say on zoning issues |
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zoning text/ordinance/code |
lays out the exact regulations that the zoning is created to implement.
adopted as law by the local governing body
must, at a minimum, establish the different zones applicable in the community and the uses allowable in each zone whether by right or by special use permit
defines various requirements for setbacks, parking, signs, and include definitions, information on height restrictions, and procedures for zoning applications and appeals, or variance, to the zoning ordinance. |
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zoning map |
a color-coded map that shows which types of land uses are allowable where
in some localities, letter codes are used to illustrate zoning districts, while in others, color codes are used |
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traditional color coding for land uses |
yellow: single family orange-brown: multi-family red: retail, commercial green: open-space, parks purple: industrial uses blue: institutional uses (gov't, schools, airports, hospitals) gray: industrial utilities |
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what are the two ways zoning can be changed? |
1. amendment to the zoning ordinance 2. amendment to the zoning map |
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zoning ordinance amendment |
changes the requirements for all properties |
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zoning map amendment |
changes the zoning district on only a particular property |
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three types of zoning |
Euclidean, cumulative, and modified cumulative |
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Euclidean zoning |
named after City of Euclid, Ohio
places the most protective restrictions on residential land uses, less on commercial uses, and virtually none on industrial uses. |
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cumulative zoning |
each successive zoning district allows all the uses from the previous zones:
- single family allows single family homes - multi-family allows apts and all uses in single-family district - commercial district allows retails, commerical uses, and all uses allowed in multi-family district - industrial district allows industrial uses and all uses allowed in commercial district |
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modified cumulative zoning |
provides a greater of protection than with cumulative zoning
districts typically cumulative by type of land use |
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permitted use |
a by-right or primary use. no permission is required |
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conditional use |
also known as special use permit or specific use permit
allow only a certain use in a district only when it is compatible with its surroundings. must ask permission before proceeding
the permit may or may not be issued with additional conditions require |
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conditional use permit can be issued in which 2 ways? |
- run with the land - run with the ownership |
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nonconforming use |
a property use that existed prior to the adoption of district regulations and is allowed to continue under a grandfather clause
some communities allow the use indefinitely and some give a set period of time (amortization) before compliance is enforced |
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accessory use |
one that is incidental to the main use of a property
typically located on the same lot as the main use
examples: outside sales, outside storage, telecommunication towers, home occupations, and a garage apartment |
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Planned Unit Development (PUD) |
zoning tool that can offer an alternative to strict zoning regs.
typically used for large developments that include a mix of uses.
applies a different set of controls to a tract of land than standard land use zoning.
must be reviewed and approved prior to implementation |
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advantages of PUDs |
- planned up front in their entirety - can allow for more innovative development design - allow more flexibility than normal zoning regs - can allow for an increase in density - can allow for a reduction in street width - can allow for a mix of land uses |
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Examples of information that should be collected when reviewing a proposed PUD |
- location of property and all abutting properties and streets - location and size of streets within the development - location and proposed use of buildings within the development - location and capacity of the nearest infrastructure and public facilities - proposed landscaping and pedestrian ways - location of open space - sign sizes and locations |
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overlay zoning |
a set of additional restrictions that are placed over the top of an exiting zone
two common examples: airports and historic preservation |
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variance |
a change in the terms of the zoning regulations due to economic or physical hardship |
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two types of variances: |
use variance area variance |
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use variance |
allows a property to have a use not explicitly allowed under the zoning district regs
for example: a business owner would like to operate an ice cream shop in an area that is not zoned for restaurant uses |
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area variance |
allows a property to be excluded from the physical site requirements under the zoning ordinance
for example: a property owner could build his or her house with only a 20 foot front setback instead of the required 25 foot setback |
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requirements necessary for the issuance of a variance: |
- unique to the surrounding property - must have a physical or economic hardship - variance will not result in reduction in property values - property owner did not cause the need for the variance - variance is not contrary to the spirit of the zoning ordinance |
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big box retail |
usually made up of 50,000 or more sf in a large box.
can be regulated by local governments through square footage limitations, design standards, and site plan reviews |
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concentrated animal feeding operations |
the practice of raising a high volume of farm animals indoors
local governments limited on how to restrict due to the Right To Farm acts |
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maximum parking standards |
an alternative to the traditional minimum parking standards. instead cap the amount of parking at a maximum amount |
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McMansion |
large houses that are mass produced and have a perceived negative impact on the community
also called Parachute Homes, where homes are seemingly dropped onto a lot without any thought to ensuring they fit with the rest of the neighborhood |
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teardown |
refers to the demolition of a home in order to be replaced with a bigger home on the same lot
frequently occurs in large cities or in neighborhoods close to employment centers |
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land based classification standards (LBCS) |
classifying land uses by refining traditional categories into multiple dimensions, such as activities, functions, building types, site development character, and ownership constraints. Each dimension has its own set of categories and subcategories. These multiple dimensions allow users to have precise control over land-use classifications. |
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Five dimensions of LBCS |
Activity, function, structure, site, ownership |
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Activity (in reference to LBCS) |
refers to the actual use of land based on its observable characteristics. It describes what actually takes place in physical or observable terms (e.g., farming, shopping, manufacturing, vehicular movement, etc.). An office activity, for example, refers only to the physical activity on the premises, which could apply equally to a law firm, a nonprofit institution, a court house, a corporate office, or any other office use. Similarly, residential uses in single-family dwellings, multi-family structures, manufactured houses, or any other type of building, would all be classified as residential activity. |
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Function (in reference to LBCS) |
refers to the economic function or type of establishment using the land. Every land use can be characterized by the type of establishment it serves. Land-use terms, such as agricultural, commercial, industrial, relate to enterprises. The type of economic function served by the land use gets classified in this dimension; it is independent of actual activity on the land. Establishments can have a variety of activities on their premises, yet serve a single function. For example, two parcels are said to be in the same functional category if they belong to the same establishment, even if one is an office building and the other is a factory. |
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Structure (in reference to LBCS) |
refers to the type of structure or building on the land. Land-use terms embody a structural or building characteristic, which suggests the utility of the space (in a building) or land (when there is no building). Land-use terms, such as single-family house, office building, warehouse, hospital building, or highway, also describe structural characteristic. Although many activities and functions are closely associated with certain structures, it is not always so. Many buildings are often adapted for uses other than its original use. For instance, a single-family residential structure may be used as an office. |
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Site (in reference to LBCS) |
development character refers to the overall physical development character of the land. It describes "what is on the land" in general physical terms. For most land uses, it is simply expressed in terms of whether the site is developed or not. But not all sites without observable development can be treated as undeveloped. Land uses, such as parks and open spaces, which often have a complex mix of activities, functions, and structures on them, need categories independent of other dimensions. This dimension uses categories that describe the overall site development characteristics. |
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Ownership (in reference to LBCS) |
refers to the relationship between the use and its land rights. Since the function of most land uses is either public or private and not both, distinguishing ownership characteristics seems obvious. However, relying solely on the functional character may obscure such uses as private parks, public theaters, private stadiums, private prisons, and mixed public and private ownership. Moreover, easements and similar legal devices also limit or constrain land-use activities and functions. This dimension allows classifying such ownership characteristics more accurately. |
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Each of the five LBCS dimensions has _____ color values? |
Nine |
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Edward Bassett |
The Father of American Zoning and one of the founding father of urban planning.
wrote the first comprehensive zoning ordinance in the United States, adopted by New York City in 1916 |
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Alfred Bettman |
one of the key founders of modern urban planning. Zoning, as it is known today, can be attributed to his successful arguments before the U.S. Supreme Court, which resulted in the 1926 decision in favor of the Village of Euclid, Ohio versus Ambler Realty Company |
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City Plan for Cincinnati |
(1925) was the first comprehensive plan in the country to be approved and adopted into law by a City Council |
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The Growing Smart Legislative Guidebook |
Ccreated by the American Planning Association to encourage states to revise their standard state zoning enabling acts Part of the seven-year Growing Smart project, an effort to draft the next generation of model planning and zoning legislation for the U.S. |
