Zoning ConstructionZoning Construction

Lecture 2Lecture 2

Several ExamplesSeveral Examples http://www.ci.durham.nc.us/planning/zoneord/index.htmlhttp://www.ci.durham.nc.us/planning/zoneord/index.html

Preliminary PreparationPreliminary Preparation

Authority – Enabling LegislationAuthority – Enabling Legislation– Legislation specifies the exact Legislation specifies the exact

procedure and elements that must be procedure and elements that must be prepared prior to the adoption of the prepared prior to the adoption of the ordinanceordinance

– Hearing and adoption procedureHearing and adoption procedure– Amendment procedure – who may Amendment procedure – who may

initiate changeinitiate change

IntroductionIntroduction

Purpose and statement of goalsPurpose and statement of goals Savings clauseSavings clause InterpretationInterpretation Definitions - sampleDefinitions - sample

– Motel (Hotel) is any building containing six or more Motel (Hotel) is any building containing six or more guest rooms intended or designed to be used, or guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by or which are occupied for sleeping purposes by guests.guests.

District Scheme - ModelDistrict Scheme - Model

At a minimum – each regular At a minimum – each regular district contains the following:district contains the following:– Permitted UsesPermitted Uses– Uses by condition or special useUses by condition or special use– Special restrictionsSpecial restrictions– Bulk and dimensionBulk and dimension– Parking and spatial requirementsParking and spatial requirements– Authorized variancesAuthorized variances

District ModelsDistrict Models

Regular districts are nearly always Regular districts are nearly always created in a pryamidical fashion created in a pryamidical fashion based on intensity of use as based on intensity of use as measured by the bulk and number measured by the bulk and number of DU’s per acre or lot area – and of DU’s per acre or lot area – and by the amount or type of mixing by the amount or type of mixing permittedpermitted

The Residential DistrictsThe Residential Districts

Large lot districtsLarge lot districts– Range 1 du/80 acres to 3 Ac./du or Range 1 du/80 acres to 3 Ac./du or

slightly smallerslightly smaller– Rationale ranges from protecting the Rationale ranges from protecting the

“haves” from the “have-nots” to “haves” from the “have-nots” to resource protection and open space. resource protection and open space. Serious legal problems are usual in Serious legal problems are usual in expanding areas without sufficient expanding areas without sufficient justificationjustification

Residential - ContinuedResidential - Continued

The low density districtsThe low density districts– Generally designated from 2 to 8 Generally designated from 2 to 8

du’s per acredu’s per acre– The standard is 3 units per gross acreThe standard is 3 units per gross acre– Designed to accommodate the bulk of Designed to accommodate the bulk of

the residential populationthe residential population– Only local residential streets Only local residential streets

necessary for servicenecessary for service

Manufactured HomesManufactured Homes

One of the great battles of One of the great battles of American zoningAmerican zoning

Its Changing FaceIts Changing Face

Residential - ContinuedResidential - Continued

Medium density districtsMedium density districts– Generally ranges from 8 to 25 du’s Generally ranges from 8 to 25 du’s

per gross acreper gross acre– Basically designed to accommodate Basically designed to accommodate

the light service, garden style or walk-the light service, garden style or walk-up multi family unit with a general up multi family unit with a general limitation of 3 or 4 living storieslimitation of 3 or 4 living stories

– Transportation services ranges for Transportation services ranges for residential streets to collectorsresidential streets to collectors

Residential - ContinuedResidential - Continued

High density residentialHigh density residential– Ranges from 26 to 240 units per gross Ranges from 26 to 240 units per gross

acre depending on floor area ratios acre depending on floor area ratios and open space requirementsand open space requirements

– Used to transition from residential to Used to transition from residential to commercial districtscommercial districts

– Requires minor to major collectorsRequires minor to major collectors

Commercial DistrictsCommercial Districts

Center districtsCenter districts– A traditional district designed to A traditional district designed to

service the CBDservice the CBD– Generally limited to public service, Generally limited to public service,

personal services, retail and F.I.R.M. personal services, retail and F.I.R.M. services (finance, insurance, real services (finance, insurance, real estate and marketingestate and marketing

– Regulated by footprint, FAR, and total Regulated by footprint, FAR, and total square feetsquare feet

Commercial - ContinuedCommercial - Continued

Neighborhood serviceNeighborhood service– Essentially designed per group of Essentially designed per group of

neighborhoods to accommodate the neighborhoods to accommodate the daily needs of residentsdaily needs of residents

– Generally controlled by selling area Generally controlled by selling area and square ft. limitationsand square ft. limitations

– Heavy limitation on outside storageHeavy limitation on outside storage– Requires minor to major collectorsRequires minor to major collectors

Commercial - ContinuedCommercial - Continued

Highway ServiceHighway Service– Designed to accommodate the Designed to accommodate the

automobile and to direct traffic to automobile and to direct traffic to major collectors and arterialsmajor collectors and arterials

– The American dumping groundThe American dumping ground– Designed for high visibility and and Designed for high visibility and and

large outdoor storage capabilitylarge outdoor storage capability– Commonly used as transition for CBD Commonly used as transition for CBD

to neighborhood commercialto neighborhood commercial

Commercial - ContinuedCommercial - Continued

Regional Scale – ClusterRegional Scale – Cluster– Designed to accommodate those uses Designed to accommodate those uses

that are considered to be at a “mega” that are considered to be at a “mega” scalescale

– Designation is by sq. ft. and traffic Designation is by sq. ft. and traffic count usually starting at 15,000 vpdcount usually starting at 15,000 vpd

– Requires major arterialsRequires major arterials

Commercial - ServiceCommercial - Service

Office – Institutional DistrictsOffice – Institutional Districts– Designed as the basic “working Designed as the basic “working

districts of the community”districts of the community”– Retail and mixed use is typical to Retail and mixed use is typical to

serve the working areaserve the working area– Heavy use as transition district from Heavy use as transition district from

light to heavy commercial areas or as light to heavy commercial areas or as buffer to neighborhoodsbuffer to neighborhoods

Commercial - ContinuedCommercial - Continued

Heavy ServiceHeavy Service– Designed for the commercial and Designed for the commercial and

semi-commercial usessemi-commercial uses– Use pattern is determined by the type Use pattern is determined by the type

and amount of externalities presentand amount of externalities present– Often linked to special transportation Often linked to special transportation

needs (warehousing) and serve as a needs (warehousing) and serve as a transition to manufacturingtransition to manufacturing

Manufacturing – Fab.Manufacturing – Fab.

Light and Park ManufacturingLight and Park Manufacturing– Designed to bring selected “working Designed to bring selected “working

areas” to park-like settingsareas” to park-like settings– Uses are selected by the amount of Uses are selected by the amount of

externalities and ability to contain externalities and ability to contain their activities to local lot areastheir activities to local lot areas

– Design applicationsDesign applications– Serve as transition to general Serve as transition to general

manufacturingmanufacturing

Manufacturing - ContinuedManufacturing - Continued

General ManufacturingGeneral Manufacturing– The “workhorse” of the community The “workhorse” of the community

zones.zones.– The basic manufacturing and The basic manufacturing and

fabrication center of the communityfabrication center of the community– Uses are regulated by the specific use Uses are regulated by the specific use

and intensity of the operation, type of and intensity of the operation, type of hazard, and extent of storagehazard, and extent of storage

Manufacturing - ContinuedManufacturing - Continued

Heavy ManufacturingHeavy Manufacturing– Where everything else goes including Where everything else goes including

mobile homesmobile homes

Heavier than HeavyHeavier than Heavy

                                                                           

Special DistrictsSpecial Districts

A special district is often called an A special district is often called an “overlay.” An overlay is a special “overlay.” An overlay is a special set of regulations that are set of regulations that are particular to the special district. particular to the special district. The underlying district is called the The underlying district is called the “parent” district“parent” district

Overlay ExamplesOverlay Examples

Historic Preservation DistrictHistoric Preservation District Floodplain DistrictFloodplain District University Overlay DistrictUniversity Overlay District Watershed and Lake ProtectionWatershed and Lake Protection Transit Oriented Devel. – Compact Transit Oriented Devel. – Compact

Neighborhood DistrictNeighborhood District Airport OverlayAirport Overlay

Specific ProvisionsSpecific Provisions

Non-Conforming UsesNon-Conforming Uses Vested RightsVested Rights Local State ExemptionsLocal State Exemptions Home OccupationsHome Occupations Congregate FacilitiesCongregate Facilities Accessory Dwellings (ECHO)Accessory Dwellings (ECHO)

Non-Conforming UseNon-Conforming Use

Previously Legal Conforming UsesPreviously Legal Conforming Uses– A use of the land or structures that A use of the land or structures that

once legally conformed to the once legally conformed to the ordinance (or pre-existed adoption), ordinance (or pre-existed adoption), but because of adoption or change but because of adoption or change does not conform to district does not conform to district regulationsregulations

– Distinguished from illegal usesDistinguished from illegal uses

Methods of ControlMethods of Control

Onerous RestrictionsOnerous Restrictions– Limited or no changeLimited or no change– Cannot change uses – or to another Cannot change uses – or to another

conforming useconforming use– Cannot be replaced if damaged or Cannot be replaced if damaged or

restoredrestored– Cannot be made more non-Cannot be made more non-

conformingconforming

Further MethodsFurther Methods

AmortizationAmortization– A reasonable time period can be A reasonable time period can be

established for each type of useestablished for each type of use– The “grandfather” right runs with the The “grandfather” right runs with the

use until the amortization expiresuse until the amortization expires– Or, the use is replaced with a more Or, the use is replaced with a more

conforming use?conforming use?

Vested RightsVested Rights

Similar in Concept to a non-Similar in Concept to a non-conforming use rightconforming use right

Vesting indicates the point at Vesting indicates the point at which the right to develop cannot which the right to develop cannot be takenbe taken

Estopple – related conceptEstopple – related concept

Vested Rights – Cont.Vested Rights – Cont.

Slow and Quick VestingSlow and Quick Vesting– Valid PermitValid Permit– Substantial InvestmentSubstantial Investment– Reliance on officialsReliance on officials– Good FaithGood Faith– Substantial InvestmentSubstantial Investment– EstoppleEstopple

Home OccupationsHome Occupations

Home occupations are traditional Home occupations are traditional and demand will increase as the and demand will increase as the electronic cottage becomes a electronic cottage becomes a realityreality

American attitude, however, shows American attitude, however, shows increasing displeasure with an increasing displeasure with an activity in neighborhoods other activity in neighborhoods other than residential livingthan residential living

Home Occupation - RulesHome Occupation - Rules

Generally, limited to personal Generally, limited to personal servicesservices

No more than a certain percent No more than a certain percent (25) dedicated to the occupation(25) dedicated to the occupation

Must be an active residenceMust be an active residence No stock in tradeNo stock in trade EmployeesEmployees Activity/parking/storage/deliveryActivity/parking/storage/delivery

Congregate FacilitiesCongregate Facilities

One of the true hotspots in One of the true hotspots in American Zoning in the 1990’sAmerican Zoning in the 1990’s

Congregate facility is jargon for Congregate facility is jargon for groups facilities or group homesgroups facilities or group homes– DisabilitiesDisabilities - Half Way- Half Way– ElderlyElderly - Drug Rehab- Drug Rehab– HomelessHomeless - Battered persons- Battered persons– JuvenileJuvenile - Religious- Religious

Congregate LimitationsCongregate Limitations

ADA reasonable accommodationADA reasonable accommodation State usurpationState usurpation SupervisorsSupervisors Number of residentsNumber of residents Spatial separationSpatial separation Restriction on facilities for those Restriction on facilities for those

not disablednot disabled

E.C.H.OE.C.H.O

Elderly Cottage Housing Elderly Cottage Housing OpportunitiesOpportunities

Problem – zoning ordinance Problem – zoning ordinance restrictions on 2 unit conversionrestrictions on 2 unit conversion

Reality is that we will move to 70 Reality is that we will move to 70 million + elderly in the U.S. by million + elderly in the U.S. by 20502050

Supplemental Use Requir.Supplemental Use Requir.

All zoning ordinances impose All zoning ordinances impose additional requirements on certain additional requirements on certain specified activities to further limit specified activities to further limit their operationstheir operations

These are special rules that apply These are special rules that apply to certain uses that are known to to certain uses that are known to have externalities that “spill over have externalities that “spill over into the neighborhood” or the into the neighborhood” or the community in general.community in general.

Supplemental ExamplesSupplemental Examples

Adult EstablishmentsAdult Establishments Accessory UsesAccessory Uses Bed and BreakfastBed and Breakfast Hazardous MaterialsHazardous Materials Day CareDay Care KennelsKennels QuarriesQuarries

Conditional UsesConditional Uses

Each district typically lists Each district typically lists permitted and conditional usespermitted and conditional uses

A conditional use (generally) is one A conditional use (generally) is one that would be permitted except for that would be permitted except for special characteristics of the special characteristics of the activityactivity

In addition to a building permit, a In addition to a building permit, a conditional use permit is requiredconditional use permit is required

Variations on a ThemeVariations on a Theme

In the normal mode the conditions In the normal mode the conditions that must be met before the use that must be met before the use can be established in the ordinancecan be established in the ordinance

In the waffle mode, the conditions In the waffle mode, the conditions are established at the time of the are established at the time of the hearinghearing

An independent hearing is requiredAn independent hearing is required Some ordinance are practically Some ordinance are practically

based on condition use permitsbased on condition use permits

More ConditionsMore Conditions

A conditional use must be A conditional use must be distinguished from conditions in distinguished from conditions in zoningzoning

Conditional uses must be Conditional uses must be specifically listed – not thought up specifically listed – not thought up as the need arisesas the need arises

Involves a public hearingInvolves a public hearing

The Sign RegulationsThe Sign Regulations

What Joy!What Joy!

A Very Short HistoryA Very Short History

First period – rejectionFirst period – rejection Second period – partial acceptance Second period – partial acceptance

if aesthetics is secondaryif aesthetics is secondary Third period – these slipped byThird period – these slipped by Fourth period – full acceptanceFourth period – full acceptance

But FirstBut First

A SHORT TOURA SHORT TOUR

All Types of SignsAll Types of Signs

Some OffensiveSome Offensive

Some Catch Your EyeSome Catch Your Eye

Part of AmericanaPart of Americana

Some Are RacistSome Are Racist

There Are Big OnesThere Are Big Ones

Lighted OnesLighted Ones

Painted OnesPainted Ones

Pretty Good Looking OnesPretty Good Looking Ones

And Truly UglyAnd Truly Ugly

Old Wall SignsOld Wall Signs

And Political SignsAnd Political Signs

And Lotta SignsAnd Lotta Signs