AICP Functional Areas of Practice - Land Use Regulations
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| When did the subdivision of land, or platting, first appear in the U.S.? | 1660
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| What is a subdivision? | Division of land into 2+ parcels, sites, or lots, for the purpose of transfer of ownership, development, or other form of valuable interest. Definition varies from state to state; may include minimum acreage requirements.
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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 | To-scale mechanical drawing, with precise topography and prescribed intervals showing calculated location of all lots, streets, drainage patterns, facilities, and proposed dedications.
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| Final plat | Approved preliminary plat with all bearing, monuments, curves, and notations, together with all dedications, easement, and approvals.
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| Purposes behind subdivision regulations (1/2) | 1. regulate subdivision dev & implement planning policies;
2. implement plans for orderly growth & dev w/in the city's boundaries & ETJ;
3. ensure adequate provision for streets, alleys, parks, & other facilities indispensable the community;
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| Purposes behind subdivision regulations (2/2) | 4. protect future purchasers from inadequate police & fire protection;
5. ensure sanitary conditions & other gov svcs;
6. req. compliance w/ certain standards as conditions & other gov svcs;
7. officially register land.
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| Steps to plat a property | 1. Submits preliminary plat; 2. Preliminary plat reviewed x staff for compliance w/ subdivision regs; 3. Plat reviewed x planning commission; 4. Once approved x commission, property owner prepares final plat; 5. Final plat repeats steps 1-4 until approved
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| Where do subdivision regs apply? | Subdivision regulations apply within the city limits, but they may also apply in the extraterritorial jurisdiction (ETJ). The ETJ is a distance outside of the city limits where the subdivision regulations apply, specified under state law.
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| Performance bonds | Common agreement btwn prop owner & muni to ensure final plat is built as shown, w/in certain time period. If developer fails to meet reqs, gov may use to cover cost of constructing improvements. Released once improvements are in place + inspected.
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| Exactions | Dedications = gifts of land for public purposes, e.g. roads, parks, utilities. Impact fees = typically charged for off-site infrastructure to provide service to a development, e.g. water or sewer main.
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| Alternative to dedications and impact fees | Subdivision bonuses = extension of dev. benefits in exchange for affordable housing, cluster housing or open space preservation etc. Developer may receive assistance w/ infrastructure, impact fees waived, or ability to construct at higher density.
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| Purposes of Zoning | Regulate land use, prevent land use conflicts, and allow growth to occur in a planned manner.
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| Additional benefits of zoning | Protect property values; Promote health / safety; Protect environment; Promote comm aesthetic; Manage traffic; Manage density; Encourage a variety of housing; Attract businesses and industries.
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| Common things zoning regulates | 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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| Who handles zoning? | Typically zoning is handled by government staff, the City Council (or County Commissioners), the Planning and Zoning Commission, and the Board of Zoning Appeals.
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| Staff | Provide information to public re: zoning ordinance. Also responsible for reviewing applications + writing reports for P&Z Commission + BZA. Typically prepare an information packet for the Boards that include reports on each application.
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| Planning and Zoning Commission (P&Z) | Appointed members. This body is required to issue recommendations in matters of zoning. These recommendations are made to a governing body (e.g., the City Council or County Commissioners). In other cases, P&Z renders final approval of cases.
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| Board of Zoning Appeals (BZA), aka Board of Zoning Adjustment or Zoning Board of Adjustment | Appointed members. Quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff's administration of the zoning ordinance.
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| City Council (or County Commission) | The governing body of a city often has the final say on zoning issues. The Planning and Zoning Commission makes recommendations on zoning cases to the City Council. Charged with making the final decision on whether to approve or disapprove a case.
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| Zoning Text, ordinance, or code | Adopted as law; must est. zones + uses allowable in each, by right or w/ conditional use permit, as well as define reqs for setbacks, parking, signs, & incl. definitions, info on height restrictions + procedures for zoning apps, appeals or variances
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| Zoning Map | Applies zoning to individual properties. A color-coded map showing which types of land uses allowable where. Generally detailed city map overlaid with various colors/patterns depicting the type of zoning for each property.
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| Traditional Color Coding for Land Uses | yellow = single-family; orange-brown = multifamily; reds = retail + commercial activities; green = open spaces + parks; purple = industrial; blue = institutional uses (e.g. government buildings, schools, airports, and hospitals)
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| How can zoning can be changed? | 1) amendment to the zoning ordinance or text 2) amendment to the zoning map
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| Amendment to the zoning ordinance or text | Changes the requirements for all properties. For example, an ordinance limiting the size of satellite dishes would apply to all properties.
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| Amendment to the zoning map | Changes zoning district on a particular property. E.g. a developer may apply to change the zoning from an agricultural district to a single-family district. If approved, the map would be changed to reflect the new assigned zoning district.
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| Who can initiate amendments | Staff, Planning Commission, the governing body, or at a property owner's request. Amendments allow the community to be flexible and responsive to the changing needs of the community.
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| Conditional use permit can be issued in one of two ways: | 1. Run with the land 2. 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 the "grandfather clause."
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| Amortization | Sets a definite period of time within which the use must come into compliance with the zoning ordinance. controversial because requires that ordinance administrators determine fair period of time in which use can continue before full compliance.
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| Accessory Use | Incidental to main use of a property. Typically located on same lot as main use and smaller in size. Examples include: outside sales, outside storage, a telecommunications tower, home occupations, and a garage apartment.
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| Planned Unit Developments (PUDs) | Offers alternative to strict zoning regulations. Typically used for large mixed use developments. Applies a different set of controls to a tract of land than std land use zoning. Entire development site plan is reviewed by the governing body.
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| Information that should be collected when reviewing a proposed PUD: | Location AND property + all abutting properties & streets; size of streets w/in dev; proposed use of buildings within the development; capacity of nearest infrastructure/public facilities; Proposed landscaping + pedestrian ways; open space; Sign sizes.
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| Overlay Zoning Districts | place more restrictions on the property owner. A set of additional restrictions that are placed over the top of an existing zone. Two common types are for airports and historic preservation.
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| Airport overlay district | Usually incl. all land located under flight patterns of aircrafts in bands representing noise levels. Land located under noisiest bands gen. have heaviest restrictions e.g. no residential uses. Also height restrictions in areas closest to landing strips.
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| historic preservation overlay district | May include additional protections to significant architectural elements. Frequently, an architectural review is required in this type of overlay.
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| Variance | Change in the terms of the zoning regulations due to economic or physical hardship. Two types of variances: use variance and area variance.
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| Variance requirements | 1) Unique to surrounding property; 2) Must have a physical or economic hardship; 3) Will not result in a reduction in property values; 4) Property owner did not cause the need; 5) change is not contrary to spirit of zoning ordinance.
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| Big-box retail | Responses include square footage limitations, design standards, and site plan reviews. Generally has 50,000+ SF in a large box.
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| Maximum parking standards | Alternative to the conventional minimum parking standards; caps the amount of parking that any user can provide. Addresses problem of over parking sites and providing excessive impervious cover.
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| McMansion | Large, mass-produced houses that have perceived negative impacts on community. Can also be found as part of the infill development where the house is much larger than the surrounding homes and takes up most of the lot.
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| Parachute Home | Describes the scenario where a home is dropped (almost randomly) into an area where it clearly does not fit with the neighborhood's character.
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