Zoning Construction

1. Zoning Construction Lecture 2

2. Several Examples • http://www.ci.durham.nc.us/planning/zoneord/index.html

3. Preliminary Preparation • Authority – Enabling Legislation • Legislation specifies the exact procedure and elements that must be prepared prior to the adoption of the ordinance • Hearing and adoption procedure • Amendment procedure – who may initiate change

4. Introduction • Purpose and statement of goals • Savings clause • Interpretation • Definitions - sample • Motel (Hotel) is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

5. District Scheme - Model • At a minimum – each regular district contains the following: • Permitted Uses • Uses by condition or special use • Special restrictions • Bulk and dimension • Parking and spatial requirements • Authorized variances

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

7. The Residential Districts • Large lot districts • Range 1 du/80 acres to 3 Ac./du or slightly smaller • Rationale ranges from protecting the “haves” from the “have-nots” to resource protection and open space. Serious legal problems are usual in expanding areas without sufficient justification

8. Residential - Continued • The low density districts • Generally designated from 2 to 8 du’s per acre • The standard is 3 units per gross acre • Designed to accommodate the bulk of the residential population • Only local residential streets necessary for service

9. Manufactured Homes • One of the great battles of American zoning

10. Its Changing Face

11. Residential - Continued • Medium density districts • Generally ranges from 8 to 25 du’s per gross acre • Basically designed to accommodate the light service, garden style or walk-up multi family unit with a general limitation of 3 or 4 living stories • Transportation services ranges for residential streets to collectors

12. Residential - Continued • High density residential • Ranges from 26 to 240 units per gross acre depending on floor area ratios and open space requirements • Used to transition from residential to commercial districts • Requires minor to major collectors

13. Commercial Districts • Center districts • A traditional district designed to service the CBD • Generally limited to public service, personal services, retail and F.I.R.M. services (finance, insurance, real estate and marketing • Regulated by footprint, FAR, and total square feet

14. Commercial - Continued • Neighborhood service • Essentially designed per group of neighborhoods to accommodate the daily needs of residents • Generally controlled by selling area and square ft. limitations • Heavy limitation on outside storage • Requires minor to major collectors

15. Commercial - Continued • Highway Service • Designed to accommodate the automobile and to direct traffic to major collectors and arterials • The American dumping ground • Designed for high visibility and and large outdoor storage capability • Commonly used as transition for CBD to neighborhood commercial

16. Commercial - Continued • Regional Scale – Cluster • Designed to accommodate those uses that are considered to be at a “mega” scale • Designation is by sq. ft. and traffic count usually starting at 15,000 vpd • Requires major arterials

17. Commercial - Service • Office – Institutional Districts • Designed as the basic “working districts of the community” • Retail and mixed use is typical to serve the working area • Heavy use as transition district from light to heavy commercial areas or as buffer to neighborhoods

18. Commercial - Continued • Heavy Service • Designed for the commercial and semi-commercial uses • Use pattern is determined by the type and amount of externalities present • Often linked to special transportation needs (warehousing) and serve as a transition to manufacturing

19. Manufacturing – Fab. • Light and Park Manufacturing • Designed to bring selected “working areas” to park-like settings • Uses are selected by the amount of externalities and ability to contain their activities to local lot areas • Design applications • Serve as transition to general manufacturing

20. Manufacturing - Continued • General Manufacturing • The “workhorse” of the community zones. • The basic manufacturing and fabrication center of the community • Uses are regulated by the specific use and intensity of the operation, type of hazard, and extent of storage

21. Manufacturing - Continued • Heavy Manufacturing • Where everything else goes including mobile homes

22. Heavier than Heavy

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

24. Overlay Examples • Historic Preservation District • Floodplain District • University Overlay District • Watershed and Lake Protection • Transit Oriented Devel. – Compact Neighborhood District • Airport Overlay

25. Specific Provisions • Non-Conforming Uses • Vested Rights • Local State Exemptions • Home Occupations • Congregate Facilities • Accessory Dwellings (ECHO)

26. Non-Conforming Use • Previously Legal Conforming Uses • A use of the land or structures that once legally conformed to the ordinance (or pre-existed adoption), but because of adoption or change does not conform to district regulations • Distinguished from illegal uses

27. Methods of Control • Onerous Restrictions • Limited or no change • Cannot change uses – or to another conforming use • Cannot be replaced if damaged or restored • Cannot be made more non-conforming

28. Further Methods • Amortization • A reasonable time period can be established for each type of use • The “grandfather” right runs with the use until the amortization expires • Or, the use is replaced with a more conforming use?

29. Vested Rights • Similar in Concept to a non-conforming use right • Vesting indicates the point at which the right to develop cannot be taken • Estopple – related concept

30. Vested Rights – Cont. • Slow and Quick Vesting • Valid Permit • Substantial Investment • Reliance on officials • Good Faith • Substantial Investment • Estopple

31. Home Occupations • Home occupations are traditional and demand will increase as the electronic cottage becomes a reality • American attitude, however, shows increasing displeasure with an activity in neighborhoods other than residential living

32. Home Occupation - Rules • Generally, limited to personal services • No more than a certain percent (25) dedicated to the occupation • Must be an active residence • No stock in trade • Employees • Activity/parking/storage/delivery

33. Congregate Facilities • One of the true hotspots in American Zoning in the 1990’s • Congregate facility is jargon for groups facilities or group homes • Disabilities - Half Way • Elderly - Drug Rehab • Homeless - Battered persons • Juvenile - Religious

34. Congregate Limitations • ADA reasonable accommodation • State usurpation • Supervisors • Number of residents • Spatial separation • Restriction on facilities for those not disabled

35. E.C.H.O • Elderly Cottage Housing Opportunities • Problem – zoning ordinance restrictions on 2 unit conversion • Reality is that we will move to 70 million + elderly in the U.S. by 2050

36. Supplemental Use Requir. • All zoning ordinances impose additional requirements on certain specified activities to further limit their operations • These are special rules that apply to certain uses that are known to have externalities that “spill over into the neighborhood” or the community in general.

37. Supplemental Examples • Adult Establishments • Accessory Uses • Bed and Breakfast • Hazardous Materials • Day Care • Kennels • Quarries

38. Conditional Uses • Each district typically lists permitted and conditional uses • A conditional use (generally) is one that would be permitted except for special characteristics of the activity • In addition to a building permit, a conditional use permit is required

39. Variations on a Theme • In the normal mode the conditions that must be met before the use can be established in the ordinance • In the waffle mode, the conditions are established at the time of the hearing • An independent hearing is required • Some ordinance are practically based on condition use permits

41. More Conditions • A conditional use must be distinguished from conditions in zoning • Conditional uses must be specifically listed – not thought up as the need arises • Involves a public hearing

42. The Sign Regulations What Joy!

43. A Very Short History • First period – rejection • Second period – partial acceptance if aesthetics is secondary • Third period – these slipped by • Fourth period – full acceptance

44. But First A SHORT TOUR

45. All Types of Signs

46. Some Offensive

47. Some Catch Your Eye

48. Part of Americana

49. Some Are Racist

50. There Are Big Ones