This document provides an overview of key concepts in zoning. It describes how the first zoning ordinance was established in the 1920s to separate noisy industrial uses from residential areas. The seven basic elements of every zoning ordinance are then outlined: 1) segregation of uses, 2) development standards, 3) nonconformities, 4) permit evaluation criteria, 5) procedures, 6) definitions, and 7) a zoning map. The document also discusses refinements like overlay zones and planned developments, as well as different types of procedures, plans, and zoning schemes.

1. Welcome
to
UNDERSTANDING
ZONING

2. ZONING CONCEPTS ARE
SIMPLE

3. HISTORIC PERSPECTIVE
&
SEVEN BASIC ELEMENTS
IN CONCEPT

4. • 1920s Northeastern USA
• Noisy, smelly industry proposed
next to residences
• Neighbors object
• City council adopts ordinance
designating area for residences
only

5. 1 BASIC ELEMENT
ST
USE SEGREGATION
Permitted Uses
Principal
Accessory
Special Uses (first basic zoning “permit”)
Permanent
Temporary

6. NEXT
Person builds a comfortable little home

7. THEN
Neighbor builds home twice as high

8. FINALLY
● Other neighbor builds home even higher
● First person smothered - gets no sun

9. YEARS LATER
● Finds another lot
HOWEVER
● Asks City Council to prohibit
higher houses

10. 2 BASIC ELEMENT
ND
DEVELOPMENT STANDARDS
Height limits; front, side, back yard
setbacks, minimum lot size, minimum
lot width, color of exterior walls &
roof, slope of roof, lot depth, etc., ad
infinitum … MEASUREABLE
Second Basic Zoning Permit - Variance

11. NEXT PROBLEM
● Whole cities “zoned”
●“Mom & Pop” grocery zoned
residential (use)
● Half block of houses too close
to street (structure)
● 3,000 sq. ft. lots too small (lots)

12. 3 BASIC ELEMENT
rd
NONCONFORMITIES
Existing Lots, Uses, and Structures
conflict with new zoning
Third Basic Zoning Permit – Modification to
a Nonconformity

13. (REFINEMENT)
RIGHTS
● “Grandmothered/Grandfathered”
rights = nonconformity
● “Vested” Rights = rights obtained by
having secured a permit
● “Illegal nonconformity” - oxymoron

14. (REFINEMENT)
NON-CONFORMING
SPECIAL USE
Permit for day care center in
residential zone to expansion
expand classrooms in side yard

15. THREE BASIC PERMITS
• SPECIAL USE PERMIT
• VARIANCE
• MODIFICATION TO A NON-CONFORMITY
Bare minimum
Essential to every ordinance

16. 4th BASIC ELEMENT
PERMIT EVALUATION
CRITERIA
Special Use Permit
Variance
Modification to a Nonconformity

17. ● Special Use Criteria – individually crafted;
“compatible with the neighborhood... not
generate excessive traffic, etc.”
● Variances – generally set forth in state law;
hardship not created by the owner, nor
general to the neighborhood
● Modification to a non-conformity – generally
individually crafted
● Other permits – individually crafted

18. 5 BASIC ELEMENT
PROCEDURES
th
(WAYS TO OBTAIN PERMITS)
● Staff issues simple permits
● Staff recommends - Planning
Commission (PC) decides
● Staff recommends to PC – PC
recommends to Council

19. OTHER PROCEDURES
● Hearings Officer
● Appeals
● Litigation
Criteria
Procedures

20. 6 BASIC ELEMENT
th
DEFINITIONS
● Home Occupation
● Family………………..

21. 7 (Last) Basic Element
th
MAP

23. SEVEN BASIC ELEMENTS OF EVERY
ZONING ORDINANCE
1.
2.
3.
4.
5.
6.
7.
Segregation of Uses
Development Standards
Nonconformities
Permit Evaluation Criteria
Procedures
Definitions
Map

24. 8th Element of Some Ordinances
ADMINISTRATION
Permits vs. Zone Changes
Filing deadlines, etc.
Enforcement

25. REFINEMENTS
OVERLAY ZONES
PLANNED DEVELOPMENTS
Planned Development Overlay
Zone

26. PUBLIC HEARING VS
PUBLIC MEETING
• Legislative
• Quasi-judicial
• Conflict of Interest

27. ● GENERAL, COMPREHENSIVE, OR
MASTER PLANS
● ZONING SCHEMES
PYRAMIDAL ZONING
PERFORMANCE ZONING
FORM-BASED (Transects)

28. QUESTIONS/COMMENTS