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 Original MapThe Original Map

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

A Break in SubjectA Break in Subject

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

Back to the Zoning OrdinanceBack to the Zoning Ordinance

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

Its Changing FaceIts Changing Face

Compliments of Steve Gibson

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

Heavier than HeavyHeavier than Heavy

                                                                           

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

The Sign RegulationsThe Sign Regulations

What Joy!What Joy!

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

But FirstBut First

A SHORT TOURA SHORT TOUR

All Types of SignsAll Types of Signs

Some OffensiveSome Offensive

Some Catch Your EyeSome Catch Your Eye

Part of AmericanaPart of Americana

Some Are RacistSome Are Racist

There Are Big OnesThere Are Big Ones

Lighted OnesLighted Ones

Painted OnesPainted Ones

Pretty Good Looking OnesPretty Good Looking Ones

And Truly UglyAnd Truly Ugly

Old Wall SignsOld Wall Signs

And Political SignsAnd Political Signs

And Lotta SignsAnd Lotta Signs