Zone District Standards
Zoning: The legislative division of
an area into separate districts with
different standards for
development within each district.
Overview
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Requirements in General
Use Zones
Height, Bulk, Setback Controls
Zoning with Flexibility
Requirements in General
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Use
Height
Bulk
Density
Agricultural
Uses
Industrial
Recreational
Residential
Height
Bulk
Density
Euclid v. Ambler
Permitted Uses
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Uses by right – automatically allowed in
district
Specified in zoning ordinance
Differ from conditional or special uses
which require special review, approval
and permits
Regulating Uses not
Ownership
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Zoning generally regulates how
property is used not who owns it or
how title is held.
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While zoning ordinances do not normally affect
who owns the land they often affect who uses the
land. Example: single family use district that
defines family.
Regulates multi-family structures not
condominiums.
Cumulative and Exclusive Zoning
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Cumulative ordinances allow all of the most
restrictive (higher) uses in the least restrictive (lower)
districts.
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Single-family houses may be permitted in multi-family
districts and single-family houses, multi-family apartments
may be permitted in office districts. , etc.
No longer used as much. Current zoning ordinances have
more exclusive districts that are more narrowly defined and
provide greater separation of uses. With notable exception
of the very popular “mixed use” districts.
Residential districts are often be based on type of unit, size,
density.
Accessory Uses / Home
Occupations
An accessory use is dependent on or
pertains to and is necessary or convenient to
the main use.
Must be subordinate or incidental to the
principal use.
Examples: garage, storage shed, studio.
Barber shop? Law office? Music studio?
Single Family Use
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Single-family exclusive zone
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Euclid v. Ambler
Miller v. Board of Public Works
What constitutes a family?
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Village of Belle Terre v. Boraas
Moore v City of East Cleveland
Group Homes
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Group homes are
often disallowed in
single-family use
districts.
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Objections based on
unrelated residents,
number of residents,
and turnover rates.
City of Cleburne v
Cleburne Living
Center
Federal Law and Use Zoning
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Fair Housing Amendments of 1988
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Americans With Disabilities Act
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Limits the exercise of zoning powers with respect
to handicapped and group homes.
Prevents disabled individuals from being
discriminated against or denied benefits, services,
programs, or activities of a public entity.
Religious Land Use and Institutionalized
Persons Act of 2000
No government shall impose….a substantial burden on..religious
exercise….in the implementation of a land use regulation…
Agricultural Uses
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Early zoning was urban oriented – did not
include agricultural uses.
Now zoning is often used to preserve
agricultural land (and to prevent sprawl)
But agricultural zoning is often nonexclusive.
Right to farm laws.
Industrial and Commercial
Uses
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Early zoning ordinances had one general
business district and one industrial district.
Today there are separate districts for
neighborhood retail businesses, office,
institutional, and shopping centers.
Industrial zones are separated into heavy and
light and are usually non-cumulative.
Buffer Zones
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Euclidean zoning attempts to avoid conflicts
between land uses in adjacent zones through
the use of buffer zoning.
Buffer zones place the next lower, more
intensive zone as the adjacent use. (Multifamily use district shields a single family use
district from a commercial district.)
Buffering is also achieved through height and
setback or environmental controls.
Good design is the best answer.
Height Controls
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Safety
Light
Aesthetic
Solar
Bulk and Setback Controls
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Minimum lots and frontage requirements
control densities and preserve view and open
space.
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Traditional – deep setbacks, large lots.
Neo-traditional – short setbacks, narrow lots.
Setback and lot coverage requirements
provide space, light, air, and safety from fire.
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Setbacks often used to protect against natural hazards.
Gorieb v Fox
Lucas v South Carolina Coastal Commission
Floor Area Ratio
The Need for Flexibility
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Traditional zoning is felt by some to be
too rigid to adapt to changing
community needs and.
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Compatibility of uses,
New building materials and design,
Increasing numbers of use districts,
Fewer permitted uses by right,
Limitations on creative developers.
Floating Zones
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Unmapped district with detailed and / or
conditional development standards.
Two-step process:
 City creates a zone with specific
characteristics.
 Attaches (mapped) when an application for
development that meets the development
standards in the floating zone section of
the zoning ordinance is approved.
St. Mary’s County, MD
Floating Zone
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The Interim Study Floating Zone is intended to allow the county
discretionary review of development proposals in areas where changes
in zoning regulations are being contemplated or are under study by the
county. The County Commissioners may adopt an Interim Study floating
zone designation for the following purposes:
To implement small area plans for growth areas developed pursuant to the
Comprehensive Plan,
To allow for approval of specified use classifications and alternative
development standards within the mapped IS area, regardless of the use
regulations in the base districts,
To provide for administrative approval of minor projects consistent with
specific criteria stated in the resolution for adoption of the Interim Study
floating zone.
Floating Zones
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Rodgers v Village of Tarrytown
Eves v Zoning Board of Adjustment
Conditional Zoning
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Permit is issued with certain conditions
attached
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Provides more flexibility (and precision)
than general rezoning because allows
conditions to attach.
Chrismon v Guilford County
Cumberland County,MD Conditional Zoning Ordinance
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“The Mayor and City Council, upon the zoning or rezoning of
any land or lands pursuant to the provisions of this authority,
may impose such additional restrictions, conditions or limitations
as may be deemed appropriate to preserve, improve or protect
the general character and design of the land and improvements
and may, upon the zoning or rezoning of any land or
lands, retain or reserve the power and authority to
approve or disapprove the design of buildings,
construction, landscaping or other improvements,
alterations, and changes made or to be made on the
subject land or lands to assure conformity with the
intent and purpose of this authority and of the
Ordinance.”
Incentive Zoning
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Obtains public benefits or amenities from
private developers in exchange for incentives
(example: density bonus for affordable units).
“The city will give you a permit and build a
swimming pool next door if you will……”
Attacked as spot or contract zoning, taking,
due process violation, doesn’t legitimately
advance public purpose, etc.
Municipal Art Society of New York v NYC
Performance Zoning
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Establishes criteria to measure spillover
effects of land use activities.
Often used for industrial activities:
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Standards for dust, smoke, noise, toxic
emissions, glare, odors, etc.
DeCoals, Inc. v Board of Zoning
Appeals
Performance Zoning Standards –
Bellevue, WA
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ODOROUS MATTER: No emission of odorous matter shall be
allowed in excess of ambient air quality standards as set forth by
regulations adopted by the Kentucky Natural Resources Cabinet,
Division of Air Pollution, Cincinnati Air Quality Region.
HUMIDITY, HEAT OR GLARE: In the I-1 District, any activity
producing humidity, in the form of steam or moist air or
producing heat or glare, shall be carried on in such a manner that
the steam, humidity, heat or glare is not perceptible at any lot
line. Detailed plans for the elimination of humidity, heat or glare
may be required before the issuance of a building permit.
EXTERIOR LIGHTING: Any lights used for illumination, except for
overhead street lighting and warning, or traffic signals shall direct
light away from the adjoining zones.
Interim Zones/Moratoria
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Interim or holding zone can protect areas
pending the adoption of permanent
standards.
Temporary moratorium freezes development
and provides opportunity (breathing room) to
resolve public service issues.
Tahoe-Sierra Preservation Council, Inc v
Tahoe Regional Planning Agency
Overlay Zones
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Places property simultaneously in two
zones.
Examples:
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Historic district/Commercial
Steep slopes/Residential
Floodplains/Industrial
View
Shed
Overlay
St. Mary’s County, MD Overlay Zone
The Chesapeake Bay Critical Area Overlay implements
Comprehensive Plan policies to provide special regulatory
protection for the land and water resources located within the
Chesapeake Bay Critical Area in St. Mary’s County that:
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Minimize adverse impacts on water quality that result from
pollutants that are discharged from structures or conveyances
that have run off from surrounding lands;
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Conserve fish, wildlife and plant habitat; and
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Establish land use policies for development in the Chesapeake
Bay Critical Area that accommodate growth and also address
the fact that, even if pollution is controlled, the number
movement and activities of persons in the that area can
create adverse environmental impacts.
Nonconforming Situations
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A situation that is impermissible under
current zoning but is allowed because it
existed lawfully before the zoning ordinance
took effect.
Nonconforming buildings
Conforming uses of nonconforming buildings
Nonconforming uses of conforming buildings
Nonconforming uses of land
Lawful Existence
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Nonconforming uses must be lawfully
established at the time the ordinance
takes effect.
Vested rights controls the establishment
of lawful existence to protect
landowners from zoning changes.
Restrictions on
Nonconforming Uses
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Limitations are placed on
nonconforming uses designed to
achieve conformance as soon as
possible:
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Change in use;
Repairs and alterations;
Rebuilding in the event of destruction;
Resuming use after abandonment.
Change in Use
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Protected status is generally lost if there is a
change in use although some ordinances may
permit some changes.
Actions that constitute change:
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More intensive use
Similar or less intensive use
Natural growth and right of expansion
Natural resources diminishing assets doctrine
Repairs and Alterations
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Most ordinances allow modest repairs to
nonconforming uses.
Alterations and structural repairs are usually
prohibited because they will prolong the life
of the nonconforming use.
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Unless the alterations are for safety or required by
law.
City of Las Cruces v Neff
Conversion to Permitted Use
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Can obtain an variance or special permit
to change a nonconforming use to a
legal use.
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Some ordinances require owners of
nonconforming uses to seek such changes.
Many owners erroneously believe that they
are afforded better protection as a
nonconforming use.
Termination
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Nonconforming uses do not have the right to
continue indefinitely.
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Destroyed or abandoned nonconforming uses
cannot be rebuilt.
Amortization provisions require the termination of
a nonconforming use after a period of time.
City of Los Angeles v Gage
Immediate termination if nonconforming use is
deemed a nuisance
Hadacheck v Sebastian