AMERICAN WAY OF AMERICAN WAY OF ZONING ZONING A ROAD WELL TRAVELED A ROAD WELL TRAVELED Zoning/Land Use Zoning/Land Use Regulation Regulation
Jan 02, 2016
AMERICAN WAY OF AMERICAN WAY OF ZONINGZONING
A ROAD WELL TRAVELEDA ROAD WELL TRAVELED
Zoning/Land Use RegulationZoning/Land Use Regulation
Developmental HistoryDevelopmental History
Formation period – inception to 1900Formation period – inception to 1900Comprehensive nuisance controlsComprehensive nuisance controls
““Let Each Use His Own So As Not To Injure Let Each Use His Own So As Not To Injure Others”Others”
Private and Public NuisancesPrivate and Public Nuisances
Nuisance ConceptsNuisance Concepts
Unreasonable interference with a property Unreasonable interference with a property rightright
Non-Trespassory InvasionNon-Trespassory InvasionNuisance Per Se – At all times and placesNuisance Per Se – At all times and placesNuisance Per Accidens – Times and Nuisance Per Accidens – Times and
LocationLocation
Nuisance RegulationsNuisance Regulations
Not necessary to show neglect or reckless Not necessary to show neglect or reckless useuse
Suitability of the use to the character of the Suitability of the use to the character of the neighborhood]neighborhood]
A person may not come to the nuisanceA person may not come to the nuisanceRemedy is abatement or injunctionRemedy is abatement or injunction
Conceptual Period 1900 - 1926Conceptual Period 1900 - 1926
Developing formation of the police powerDeveloping formation of the police powerConcurrent movements – housing, pure Concurrent movements – housing, pure
food and drug, parks, good government, food and drug, parks, good government, and City Beautifuland City Beautiful
Formation of the American Institute of Formation of the American Institute of Planners and the visits to EuropePlanners and the visits to Europe
The discovery of Swiss ‘Zoning’The discovery of Swiss ‘Zoning’
New York City - 1916New York City - 1916
First comprehensive zoning ordinance First comprehensive zoning ordinance adoptedadopted
Zoning shapes the city. Through zoning, a city Zoning shapes the city. Through zoning, a city regulates building size, population density and the regulates building size, population density and the way land is used. Zoning recognizes the changing way land is used. Zoning recognizes the changing demographic and economic conditions of the city demographic and economic conditions of the city and is a key tool for carrying out planning policy. and is a key tool for carrying out planning policy. New York City enacted the nation's first New York City enacted the nation's first comprehensive zoning resolution in 1916comprehensive zoning resolution in 1916
Nature of the NYC OrdinanceNature of the NYC Ordinance
Housing
Commerce
Industry
Heavy Manufacturing
Pyramidical
Cumulative
NYC Ordinance Based NYC Ordinance Based LegislationLegislation
Enabling LegislationEnabling LegislationThe PlayersThe Players
Planning CommissionPlanning CommissionGoverning BodyGoverning BodyBZA or Board of AdjustmentBZA or Board of AdjustmentThe Comprehensive PlanThe Comprehensive PlanThe Zoning Text and MapThe Zoning Text and Map
Purpose of the OrdinancePurpose of the Ordinance
To divide the community into use zones To divide the community into use zones and intensity districtsand intensity districts
To establish the district regulationsTo establish the district regulationsCreate the enforcement powersCreate the enforcement powersCreate the terms of art and definitionsCreate the terms of art and definitionsCreate the supplemental regulations Create the supplemental regulations
governing the operation of the ordinancegoverning the operation of the ordinance
The Interim 1916 - 1924The Interim 1916 - 1924
Zoning in America is a revolutionary step Zoning in America is a revolutionary step in the face of unbridled and unfettered use in the face of unbridled and unfettered use of private propertyof private property
However, there is no serious appellate However, there is no serious appellate court test of the constitutionality of this court test of the constitutionality of this instrumentinstrument
Adoption Spreads RapidlyAdoption Spreads Rapidly
The rush to adopt state legislation (Kansas The rush to adopt state legislation (Kansas in 1921) is fueled by the efforts of the in 1921) is fueled by the efforts of the various state chambers of commerce, various state chambers of commerce, leagues of municipalities and key planners leagues of municipalities and key planners in major cities.in major cities.
Within 6 years after the NYC ordinance, at Within 6 years after the NYC ordinance, at least 1,800 American towns and cities least 1,800 American towns and cities adopt zoning as a land use control tool.adopt zoning as a land use control tool.
The OpponentsThe Opponents
Rapid adoption does not escape the notice Rapid adoption does not escape the notice of many organized lobby groupsof many organized lobby groups
Notable – The National Realty Association Notable – The National Realty Association and the Homebuilders Associationand the Homebuilders Association
The Stage is set in Euclid, OhioThe Stage is set in Euclid, Ohio
Village of Euclid, OhioVillage of Euclid, Ohio
Euclid, in 1922, is a small town – a suburb Euclid, in 1922, is a small town – a suburb of Cleveland Ohioof Cleveland Ohio
Summary of facts:Summary of facts:Ambler owned property in Village of Euclid that it Ambler owned property in Village of Euclid that it intended to sell for industrial purposes. A new intended to sell for industrial purposes. A new zoning ordinance (1922) in Euclid, however, zoning ordinance (1922) in Euclid, however, prevented industrial uses on significant portions of prevented industrial uses on significant portions of the property, only allowing development that the property, only allowing development that commanded a considerably lower sale price than commanded a considerably lower sale price than Ambler expected.Ambler expected.
Ambler Realty v EuclidAmbler Realty v Euclid What is the plaintiff's complaint?What is the plaintiff's complaint?
Zoning that excludes industrial uses in a growing industrial corridor Zoning that excludes industrial uses in a growing industrial corridor reduces the value of the land and constitutes a taking. In addition, reduces the value of the land and constitutes a taking. In addition, zoning in general could significantly disturb the metropolitan real zoning in general could significantly disturb the metropolitan real estate market by thwarting natural market forces.estate market by thwarting natural market forces.
What is the basis for the plaintiff's legal claim?What is the basis for the plaintiff's legal claim?14th Amendment to the U.S. Constitution guarantees that liberty and 14th Amendment to the U.S. Constitution guarantees that liberty and property cannot be taken without due process of law and payment property cannot be taken without due process of law and payment of just compensation. Claim is that the zoning ordinance violates of just compensation. Claim is that the zoning ordinance violates this amendment. (This is a question of substantive due process, this amendment. (This is a question of substantive due process, rather than procedural due process.)rather than procedural due process.)
District and Ohio Supreme District and Ohio Supreme CourtCourt
The district court (Ohio) finds for the The district court (Ohio) finds for the Village of Euclid. Village of Euclid.
The Supreme Court of Ohio upholds the The Supreme Court of Ohio upholds the district court decision finding that the use district court decision finding that the use of zoning based on police power of zoning based on police power objectives is a constitutionally permissible objectives is a constitutionally permissible actionaction
Federal District CourtFederal District Court
Ambler Realty jumps jurisdictions and files Ambler Realty jumps jurisdictions and files and parallel suit in U.S. District Court and parallel suit in U.S. District Court under federal questions.under federal questions.
Judge Westerhaven finds an equal Judge Westerhaven finds an equal protection issue and rules for Ambler protection issue and rules for Ambler RealtyRealty
The controversy is now set for the the U.S. The controversy is now set for the the U.S. Supreme CourtSupreme Court
U.S. Supreme CourtU.S. Supreme Court
Supreme Court reverses lower court's decision that Euclid's Supreme Court reverses lower court's decision that Euclid's zoning ordinance was unconstitutional. It decides that the zoning ordinance was unconstitutional. It decides that the municipality can use its police power to enforce zoning municipality can use its police power to enforce zoning ordinances that are established to ensure the public good. ordinances that are established to ensure the public good. It determines that industry It determines that industry cancan be excluded from residential be excluded from residential areas, even in a growing industrial village. It also areas, even in a growing industrial village. It also determines that even retail trades and apartment buildings determines that even retail trades and apartment buildings can reasonably be excluded from single-family areas in can reasonably be excluded from single-family areas in order to preserve an order, safety, and preferred character. order to preserve an order, safety, and preferred character. It notes that the value lost on the land in question is It notes that the value lost on the land in question is irrelevant. irrelevant.
Sutherland’s DecisionSutherland’s Decision
A 5-4 vote of the U.S. Supreme CourtA 5-4 vote of the U.S. Supreme CourtBased on solid studies and a planBased on solid studies and a planValue of property is speculative – a mere Value of property is speculative – a mere
diminishment is not a takingdiminishment is not a takingProtects injury to the residential publicProtects injury to the residential public
Review of Constitution BasisReview of Constitution Basis
The Police Power – The power reserved to The Police Power – The power reserved to the states to protect the public health, the states to protect the public health, safety and welfaresafety and welfare
The 5The 5thth Amendment - “nor be deprived of Amendment - “nor be deprived of life, liberty, or property, without due life, liberty, or property, without due process of law; nor shall private property process of law; nor shall private property be taken for public use, without just be taken for public use, without just compensation”compensation”
Applicable to the StatesApplicable to the States
The 14The 14thth Amendment - No State shall Amendment - No State shall make or enforce any law which shall make or enforce any law which shall abridge the privileges or immunities of abridge the privileges or immunities of citizens of the United States; nor shall any citizens of the United States; nor shall any State deprive any person of life, liberty, or State deprive any person of life, liberty, or property, without due process of law; nor property, without due process of law; nor deny to any person within its jurisdiction deny to any person within its jurisdiction the equal protection of the laws. the equal protection of the laws.
In Simple TermsIn Simple Terms
The government must not take private The government must not take private property for a public purposeproperty for a public purpose
Due process of law is required to deprive Due process of law is required to deprive anyone of a property rightanyone of a property right
Equal protection requires that people must Equal protection requires that people must be treated the same unless there is a be treated the same unless there is a compelling reason for the differencecompelling reason for the difference
TakingTaking
A “taking” is a touching or a physical A “taking” is a touching or a physical invasion of property.invasion of property.
A regulatory taking occurs when the A regulatory taking occurs when the governmental restriction or burden on governmental restriction or burden on property is so great that in renders the property is so great that in renders the property valueless or practically valuelessproperty valueless or practically valueless
Due ProcessDue Process
Due ProcessDue ProcessProcedural – Related to fairness and equity of Procedural – Related to fairness and equity of
treatment. In other words “reasonable”treatment. In other words “reasonable”
Substantive – Relates to the very substance Substantive – Relates to the very substance and spirit of the law. It goes to the and spirit of the law. It goes to the fundamental purpose of the legislationfundamental purpose of the legislation
Private v Public RegulationPrivate v Public Regulation
Simple put, public land use regulation is Simple put, public land use regulation is only a part of the burden placed on the only a part of the burden placed on the use of private propertyuse of private property
A simpler way is to do it to ourselvesA simpler way is to do it to ourselves
Why Private RegulationWhy Private Regulation
Empowers the market – guarantee of Empowers the market – guarantee of useful ownershipuseful ownership
Protect sellers from buyers and sellers Protect sellers from buyers and sellers from buyersfrom buyers
Swift and merciless enforcementSwift and merciless enforcementAvoids governmental entanglementAvoids governmental entanglement
Private Regulation – Fee or Private Regulation – Fee or ContactContact
Private Regulation as OwnershipPrivate Regulation as Ownership
In this mode, an instrument is created to In this mode, an instrument is created to run with the title to property giving run with the title to property giving adjacent owners (appurtenant) or remote adjacent owners (appurtenant) or remote owners a right on the land of another (in owners a right on the land of another (in gross)gross)
By Contract – Its ElementsBy Contract – Its Elements
Mutual Agreement – Free informed Mutual Agreement – Free informed consentconsent
Offer and Acceptance – expression of Offer and Acceptance – expression of mutual agreement, offer must be identical mutual agreement, offer must be identical to substanceto substance
Consideration – of valueConsideration – of valueObject – purpose must be lawful/validObject – purpose must be lawful/validTime – specifies the framework for dutiesTime – specifies the framework for duties
Contractual InstrumentsContractual Instruments
Servitudes Servitudes Negative – To refrain from a specified actionNegative – To refrain from a specified actionPositive – An affirmative duty to perform some Positive – An affirmative duty to perform some
actactEquitable servitudes – Benefit and burden is Equitable servitudes – Benefit and burden is
reciprocalreciprocal
Covenants – Deed RestrictionsCovenants – Deed Restrictions
A contractual agreement to restrict the use A contractual agreement to restrict the use and enjoyment of propertyand enjoyment of property
Covenants, as a contract, must run for Covenants, as a contract, must run for specified periods of timespecified periods of time
Method of amendment or repealMethod of amendment or repealMust serve a substantial purpose and not Must serve a substantial purpose and not
violate a protected constitutional rightviolate a protected constitutional right
Covenant ExamplesCovenant Examples
Must have a two car garageMust have a two car garageAll building plans approved by developerAll building plans approved by developerNo business in homesNo business in homesNo external color changeNo external color changeNo metal roofsNo metal roofsPickup trucks must be screenedPickup trucks must be screenedFences constructed from 1Fences constructed from 1stst quality wood quality wood
Public – Private RelationshipPublic – Private Relationship
First, you can’t fight City Hall. Our First, you can’t fight City Hall. Our regulations take precedence over private regulations take precedence over private when ours are more restrictivewhen ours are more restrictive
Second, the government will not enforce Second, the government will not enforce or honor private regulations between two or honor private regulations between two partiesparties
Third, hell has no fury like a civil suit Third, hell has no fury like a civil suit between two property ownersbetween two property owners
Preliminary PreparationPreliminary Preparation
Authority – Enabling LegislationAuthority – Enabling LegislationLegislation specifies the exact procedure and Legislation specifies the exact procedure and
elements that must be prepared prior to the elements that must be prepared prior to the adoption of the ordinanceadoption of the ordinance
Hearing and adoption procedureHearing and adoption procedureAmendment procedure – who may initiate Amendment procedure – who may initiate
changechange
IntroductionIntroduction
Purpose and statement of goalsPurpose and statement of goalsSavings clauseSavings clause InterpretationInterpretationDefinitions - sampleDefinitions - sample
Motel (Hotel) is any building containing six or more guest rooms Motel (Hotel) is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping hired out to be occupied, or which are occupied for sleeping purposes by guests.purposes by guests.
District Scheme - ModelDistrict Scheme - Model
At a minimum – each regular district At a minimum – each regular district contains the following:contains the following:Permitted UsesPermitted UsesUses by condition or special useUses by condition or special useSpecial restrictionsSpecial restrictionsBulk and dimensionBulk and dimensionParking and spatial requirementsParking and spatial requirementsAuthorized variancesAuthorized variances
District ModelsDistrict Models
Regular districts are nearly always created Regular districts are nearly always created in a pryamidical fashion based on intensity in a pryamidical fashion based on intensity of use as measured by the bulk and of use as measured by the bulk and number of DU’s per acre or lot area – and number of DU’s per acre or lot area – and by the amount or type of mixing permittedby the amount or type of mixing permitted
The Residential DistrictsThe Residential Districts
Large lot districtsLarge lot districtsRange 1 du/80 acres to 3 Ac./du or slightly Range 1 du/80 acres to 3 Ac./du or slightly
smallersmallerRationale ranges from protecting the “haves” Rationale ranges from protecting the “haves”
from the “have-nots” to resource protection from the “have-nots” to resource protection and open space. Serious legal problems are and open space. Serious legal problems are usual in expanding areas without sufficient usual in expanding areas without sufficient justificationjustification
Residential - ContinuedResidential - Continued
The low density districtsThe low density districts Generally designated from 2 to 8 du’s per Generally designated from 2 to 8 du’s per
acreacreThe standard is 3 units per gross acreThe standard is 3 units per gross acreDesigned to accommodate the bulk of the Designed to accommodate the bulk of the
residential populationresidential populationOnly local residential streets necessary for Only local residential streets necessary for
serviceservice
Manufactured HomesManufactured Homes
One of the great battles of American One of the great battles of American zoningzoning
Residential - ContinuedResidential - Continued
Medium density districtsMedium density districtsGenerally ranges from 8 to 25 du’s per gross Generally ranges from 8 to 25 du’s per gross
acreacreBasically designed to accommodate the light Basically designed to accommodate the light
service, garden style or walk-up multi family service, garden style or walk-up multi family unit with a general limitation of 3 or 4 living unit with a general limitation of 3 or 4 living storiesstories
Transportation services ranges for residential Transportation services ranges for residential streets to collectorsstreets to collectors
Residential - ContinuedResidential - Continued
High density residentialHigh density residentialRanges from 26 to 240 units per gross acre Ranges from 26 to 240 units per gross acre
depending on floor area ratios and open depending on floor area ratios and open space requirementsspace 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 districtsA traditional district designed to service the A traditional district designed to service the
CBDCBDGenerally limited to public service, personal Generally limited to public service, personal
services, retail and F.I.R.M. services (finance, services, retail and F.I.R.M. services (finance, insurance, real estate and marketinginsurance, real estate and marketing
Regulated by footprint, FAR, and total square Regulated by footprint, FAR, and total square feetfeet
Commercial - ContinuedCommercial - Continued
Neighborhood serviceNeighborhood serviceEssentially designed per group of Essentially designed per group of
neighborhoods to accommodate the daily neighborhoods to accommodate the daily needs of residentsneeds of residents
Generally controlled by selling area and Generally controlled by selling area and square ft. limitationssquare ft. limitations
Heavy limitation on outside storageHeavy limitation on outside storageRequires minor to major collectorsRequires minor to major collectors
Commercial - ContinuedCommercial - Continued
Highway ServiceHighway ServiceDesigned to accommodate the automobile Designed to accommodate the automobile
and to direct traffic to major collectors and and to direct traffic to major collectors and arterialsarterials
The American dumping groundThe American dumping groundDesigned for high visibility and and large Designed for high visibility and and large
outdoor storage capabilityoutdoor storage capabilityCommonly used as transition for CBD to Commonly used as transition for CBD to
neighborhood commercialneighborhood commercial
Commercial - ContinuedCommercial - Continued
Regional Scale – ClusterRegional Scale – ClusterDesigned to accommodate those uses that Designed to accommodate those uses that
are considered to be at a “mega” scaleare considered to be at a “mega” scaleDesignation is by sq. ft. and traffic count Designation is by sq. ft. and traffic count
usually starting at 15,000 vpdusually starting at 15,000 vpdRequires major arterialsRequires major arterials
Commercial - ServiceCommercial - Service
Office – Institutional DistrictsOffice – Institutional Districts Designed as the basic “working districts of Designed as the basic “working districts of
the community”the community”Retail and mixed use is typical to serve the Retail and mixed use is typical to serve the
working areaworking areaHeavy use as transition district from light to Heavy use as transition district from light to
heavy commercial areas or as buffer to heavy commercial areas or as buffer to neighborhoodsneighborhoods
Commercial - ContinuedCommercial - Continued
Heavy ServiceHeavy ServiceDesigned for the commercial and semi-Designed for the commercial and semi-
commercial usescommercial usesUse pattern is determined by the type and Use pattern is determined by the type and
amount of externalities presentamount of externalities presentOften linked to special transportation needs Often linked to special transportation needs
(warehousing) and serve as a transition to (warehousing) and serve as a transition to manufacturingmanufacturing
Manufacturing – Fab.Manufacturing – Fab.
Light and Park ManufacturingLight and Park ManufacturingDesigned to bring selected “working areas” to Designed to bring selected “working areas” to
park-like settingspark-like settingsUses are selected by the amount of Uses are selected by the amount of
externalities and ability to contain their externalities and ability to contain their activities to local lot areasactivities to local lot areas
Design applicationsDesign applicationsServe as transition to general manufacturingServe as transition to general manufacturing
Manufacturing - ContinuedManufacturing - Continued
General ManufacturingGeneral ManufacturingThe “workhorse” of the community zones.The “workhorse” of the community zones.The basic manufacturing and fabrication The basic manufacturing and fabrication
center of the communitycenter of the communityUses are regulated by the specific use and Uses are regulated by the specific use and
intensity of the operation, type of hazard, and intensity of the operation, type of hazard, and extent of storageextent of storage
Manufacturing - ContinuedManufacturing - Continued
Heavy ManufacturingHeavy ManufacturingWhere everything else goes including mobile Where everything else goes including mobile
homeshomes
Special DistrictsSpecial Districts
A special district is often called an A special district is often called an “overlay.” An overlay is a special set of “overlay.” An overlay is a special set of regulations that are particular to the regulations that are particular to the special district. The underlying district is special district. The underlying district is called the “parent” districtcalled the “parent” district
Overlay ExamplesOverlay Examples
Historic Preservation DistrictHistoric Preservation DistrictFloodplain DistrictFloodplain DistrictUniversity Overlay DistrictUniversity Overlay DistrictWatershed and Lake ProtectionWatershed and Lake ProtectionTransit Oriented Devel. – Compact Transit Oriented Devel. – Compact
Neighborhood DistrictNeighborhood DistrictAirport OverlayAirport Overlay
Specific ProvisionsSpecific Provisions
Non-Conforming UsesNon-Conforming UsesVested RightsVested RightsLocal State ExemptionsLocal State ExemptionsHome OccupationsHome OccupationsCongregate FacilitiesCongregate FacilitiesAccessory Dwellings (ECHO)Accessory Dwellings (ECHO)
Non-Conforming UseNon-Conforming Use
Previously Legal Conforming UsesPreviously Legal Conforming UsesA use of the land or structures that once A use of the land or structures that once
legally conformed to the ordinance (or pre-legally conformed to the ordinance (or pre-existed adoption), but because of adoption or existed adoption), but because of adoption or change does not conform to district change does not conform to district regulationsregulations
Distinguished from illegal usesDistinguished from illegal uses
Methods of ControlMethods of Control
Onerous RestrictionsOnerous RestrictionsLimited or no changeLimited or no changeCannot change uses – or to another Cannot change uses – or to another
conforming useconforming useCannot be replaced if damaged or restoredCannot be replaced if damaged or restoredCannot be made more non-conformingCannot be made more non-conforming
Further MethodsFurther Methods
AmortizationAmortizationA reasonable time period can be established A reasonable time period can be established
for each type of usefor each type of useThe “grandfather” right runs with the use until The “grandfather” right runs with the use until
the amortization expiresthe amortization expiresOr, 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-conforming Similar in Concept to a non-conforming use rightuse right
Vesting indicates the point at which the Vesting indicates the point at which the right to develop cannot be takenright to develop cannot be taken
Estopple – related conceptEstopple – related concept
Vested Rights – Cont.Vested Rights – Cont.
Slow and Quick VestingSlow and Quick VestingValid PermitValid PermitSubstantial InvestmentSubstantial InvestmentReliance on officialsReliance on officialsGood FaithGood FaithSubstantial InvestmentSubstantial InvestmentEstoppleEstopple
Home OccupationsHome Occupations
Home occupations are traditional and Home occupations are traditional and demand will increase as the electronic demand will increase as the electronic cottage becomes a realitycottage becomes a reality
American attitude, however, shows American attitude, however, shows increasing displeasure with an activity in increasing displeasure with an activity in neighborhoods other than residential livingneighborhoods other than residential living
Home Occupation - RulesHome Occupation - Rules
Generally, limited to personal servicesGenerally, limited to personal servicesNo more than a certain percent (25) No more than a certain percent (25)
dedicated to the occupationdedicated to the occupationMust be an active residenceMust be an active residenceNo stock in tradeNo stock in tradeEmployeesEmployeesActivity/parking/storage/deliveryActivity/parking/storage/delivery
Congregate FacilitiesCongregate Facilities
One of the true hotspots in American One of the true hotspots in American Zoning in the 1990’sZoning in the 1990’s
Congregate facility is jargon for groups Congregate facility is jargon for groups facilities or group homesfacilities or group homesDisabilitiesDisabilities - Half Way- Half WayElderlyElderly - Drug Rehab- Drug RehabHomelessHomeless - Battered persons- Battered personsJuvenileJuvenile - Religious- Religious
Congregate LimitationsCongregate Limitations
ADA reasonable accommodationADA reasonable accommodationState usurpationState usurpationSupervisorsSupervisorsNumber of residentsNumber of residentsSpatial separationSpatial separationRestriction on facilities for those not Restriction on facilities for those not
disableddisabled
E.C.H.OE.C.H.O
Elderly Cottage Housing OpportunitiesElderly Cottage Housing OpportunitiesProblem – zoning ordinance restrictions on Problem – zoning ordinance restrictions on
2 unit conversion2 unit conversionReality is that we will move to 70 million + Reality is that we will move to 70 million +
elderly in the U.S. by 2050elderly in the U.S. by 2050
Supplemental Use Requir.Supplemental Use Requir.
All zoning ordinances impose additional All zoning ordinances impose additional requirements on certain specified activities requirements on certain specified activities to further limit their operationsto further limit their operations
These are special rules that apply to These are special rules that apply to certain uses that are known to have certain uses that are known to have externalities that “spill over into the externalities that “spill over into the neighborhood” or the community in neighborhood” or the community in general.general.
Supplemental ExamplesSupplemental Examples
Adult EstablishmentsAdult EstablishmentsAccessory UsesAccessory UsesBed and BreakfastBed and BreakfastHazardous MaterialsHazardous MaterialsDay CareDay CareKennelsKennelsQuarriesQuarries
Conditional UsesConditional Uses
Each district typically lists permitted and Each district typically lists permitted and conditional usesconditional uses
A conditional use (generally) is one that A conditional use (generally) is one that would be permitted except for special would be permitted except for special characteristics of the activitycharacteristics of the activity
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 are In the normal mode the conditions are established in the ordinance that must met established in the ordinance that must met before the use permit is grantedbefore the use permit is granted
In the waffle mode, the conditions are In the waffle mode, the conditions are established at the time of the hearingestablished at the time of the hearing
An independent hearing is requiredAn independent hearing is requiredSome ordinance are practically based on Some ordinance are practically based on
condition use permitscondition use permits
More ConditionsMore Conditions
A conditional use must be distinguished A conditional use must be distinguished from conditions in zoningfrom conditions in zoning
Conditional uses must be specifically listed Conditional uses must be specifically listed – not thought up as the need arises– not thought up as the need arises
Involves a public hearingInvolves a public hearing
A Very Short HistoryA Very Short History
First period – rejectionFirst period – rejectionSecond period – partial acceptance if Second period – partial acceptance if
aesthetics is secondaryaesthetics is secondaryThird period – these slipped byThird period – these slipped byFourth period – full acceptanceFourth period – full acceptance