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Zoning 101

Zoning 101. Key principles, components and processes Dh 2005. What is zoning?. Regulations that control the use of property and the physical limits of that use A map that identifies where and how these regulations apply to the land

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Zoning 101

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  1. Zoning 101 Key principles, components and processes Dh 2005

  2. What is zoning? • Regulations that control the use of property and the physical limits of that use • A map that identifies where and how these regulations apply to the land • The basis of understanding between property owners and the community as to what is considered acceptable use of their land as well as their neighbor’s land

  3. Key Principles in Zoning • Equal application – fairness • Protection from undesirable impacts on adjacent lands • Proportionality of requirements • Reasonable nexus • Nolan-Dolan • An open process • A ‘police power’ (controlling the excesses of human activity)

  4. How is zoning regulated? • State law • Powers and limitations • Processes • Appeals • State court decisions • Constitution • Proper process • Federal court decisions • Equal opportunity • Proportionality • Freedom of expression • City Charter

  5. How has zoning evolved in Scottsdale? • First ordinance in 1953 (archaic language, narrative form) • Update in 1961 (closer compliance with County ordinance, most of the city at that time had been permitted by the county) • First sign ordinance in 1965 (first professional staff) • Total Ordinance update in 1969 (current parent ordinance)

  6. Planned developments sections added in 1970-71 (McCormick Ranch) • Hillside ordinance in 1977 / Open Space ordinance in 1979 • Group of changes added in early 1980s (outdoor lighting, Downtown, Support Services, Western Theme Park, R1-70/130/190)

  7. Another group of changes in the very late 1980s through the mid-1990s (R1-5, ESLO, Conservation Open Space, Signs update, Parking update, PRC update, administrative sections update, adult uses update)

  8. What has Scottsdale pioneered with its zoning ordinance? • Sign controls • Design Review • Open space requirements • Natural area protection • Native plants protection • Planned units development • Density transfers • Landscaping requirements • Adult uses limitations

  9. How is the Zoning Ordinance put together? • Administrative section (Article I) • Commissions and Boards • Processes • Special standards for certain use permit uses • Definitions (Article III) • Zoning Districts (Article V) (use lists, development standards • Single family • Multi-family • Commercial • Employment • Planned unit • Special

  10. Supplementary Districts (Article VI) (what is an ‘overlay’ district?) • Historic • PRC • Parking districts • Open space districts • ESLO • Foothills

  11. General Provisions (Article VII) • General • Cell towers • Native plants • Special events • Outdoor lighting • Signs (Article VIII) • Parking (Article IX) • Landscaping (Article X)

  12. What processes relate to zoning? • Planning Commission – advisory • Text amendments (Council) • Map changes – rezonings (legal protests) (Council) • Amended development standards (fixed to that property) (Council) • General site plans (Council)

  13. Use permits (Council) • General criteria (no physical impact to adjacent uses, compatible traffic, compatible character) • Special criteria to certain uses • Variances (Board of Adjustment) • Quasi-judicial • 4 criteria from State law (unusual circumstances, not self imposed, reasonable use of the land, not detrimental to adjacent properties)

  14. What is typically included in a rezoning case? • Property description • Authorization by the property owner • Description of the proposal • Transportation impact study • Public involvement and notice (meetings, signs, mailed notice, advertisements) • Notice to school districts • Report and stipulations (background on Conditional (C) approvals)

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