Planning and Zoning Adam Lovelady Clerks Institute February 2017 - - PDF document

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Planning and Zoning Adam Lovelady Clerks Institute February 2017 - - PDF document

2/8/2017 Planning and Zoning Adam Lovelady Clerks Institute February 2017 Other SOG Courses Standard Planning and Development Regulation Courses Foundations Zoning Practice Subdivision Practice Zoning Officer Certification


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Planning and Zoning

Adam Lovelady Clerks Institute February 2017

Other SOG Courses

Standard Planning and Development Regulation Courses

– Foundations – Zoning Practice – Subdivision Practice – Zoning Officer Certification

Additional Planning and Development Training Options

– Regional Board Training – Online Modules

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  • Planning
  • Subdivision
  • Zoning
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Brandon Martin-Anderson, Census Dotmap

What changes do you see in your environment, your economy, and your community?

Growth

Infrastructure

Jobs

Environment

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Why Plan?

  • Guide development decisions
  • Engage the public in policy-making
  • Guide efficient public investment
  • Establish technical analysis of conditions
  • Identify needs and prioritize actions
  • Qualify for funding and meet legal

mandates

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Implementing a Plan

Development Decisions Government Actions and Organization Public Infrastructure and Investment

City Manager ACM Housing & Neighborhoo ds Community Development Community Services ACM Planning & Development Long Range Planning Urban Design Center Development Services Inspections Development Plan Review Economic Development

YOUR ORDINANCE IS UNIQUE

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Extraterritorial Jurisdiction

Population Potential ETJ Distance <10,000 1 mile 10,000-25,000 2 miles (w/ county approval) 25,000 3 miles (w/ county approval)

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  • Planning
  • Subdivision
  • Zoning
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REUTERS, Chris Keane

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Environmental Aspects

  • Critical environmental areas
  • Stormwater management

– Curbs v. swales

Utilities

  • Water and Sewer
  • Well and Septic
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Lot Design

  • Lot size and

dimensions

  • Frontage

requirements

  • Flag lot limitations

Street Design

  • Street Dimensions
  • Construction

Standards

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Steps

Preliminary Plat Final Plat

Sketch Plan Preliminary Plat Final Plat

  • Planning
  • Subdivision
  • Zoning
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ZONING

Basics

ZONE THE ROOM

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Zoning Ordinance = Map + Text

Zoning…Use

  • YES ‐ Permitted Uses
  • NO ‐ Prohibited Uses
  • MAYBE ‐ Conditional

Use, Special Use, Special Exception

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Typical Zoning Requirements

Raleigh Unified Dev. Ordinance, Adopted Feb. 18, 2013

Al Trey, III

Green Acres Double

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Question

The property is zoned R2. Al proposes the Double Day Care, a dog kennel and child day care facility.

Based on Chapter 6, “Use Regulations”

– Are those uses permitted under R2 current zoning? – For the dog kennel, Al plans to allow at least 10 dogs in the exterior exercise areas at a time. Does that matter for the land use?

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Types of Zoning Decisions

Type Typical Decision-Maker Example Legislative Governing Body Adopting or amending zoning ordinance Quasi-Judicial Board of Adjustment (sometimes planning board

  • r governing board)

Variances, special use permits, historic preservation certificates Administrative Staff Routine decision on individual permits and

  • rdinance enforcement
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ZONING

Process

Amendments (Rezonings)

  • Planning Board Review
  • Public Notice and Hearing
  • Consistency Statement
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Amendments: Planning Board Review

  • Actions referred to planning board
  • 30 days for review
  • Written recommendation to advise and

comment on consistency with applicable plans

  • Recommendation is not binding on

governing board

Amendments: Public Notice and Hearing

  • Standard

– Newspaper, two weeks, 10-25 days prior

  • Map Amend

(Rezoning)

– Mailed to affected and abutting owners – Posted on the site

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Amendments: Consistency Statement

  • describing whether its action is consistent

with an adopted comprehensive plan and any other officially adopted plan

  • and briefly explaining why the board

considers the action taken to be reasonable and in the public interest.

  • That statement is not subject to judicial

review.

ZONING

Limits

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Regulating Design

  • May not regulate certain

design aspects

  • May regulate height,

mass, building location, etc.

  • Scope of Limitation

– Applies to buildings subject to One- and Two-Family

  • Res. Bldg Code

– Does not apply to commercial or multi-family – Exceptions for historic districts and conditional zoning

Cell Towers

  • Cannot totally exclude
  • Cannot regulate on

health basis

  • Decisions must be in

reasonable time and in writing

  • Can impose limits on

siting

  • Can impose standards:

height, fencing, co- location, stealth technology etc

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Manufactured Housing

  • Cannot totally exclude

from entire jurisdiction

  • Cannot regulate value,

age

  • Can regulate location,

dimension, and appearance

Adult Businesses

  • May not totally

prohibit

  • May regulate

secondary impacts

– Separation requirements, – Limits on advertising, noise, operations – Licensing requirements

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Regulating Signs

  • Need strong rationale

for regulation

  • May regulate size,

type, lighting, and

  • ther characteristics
  • May not regulate

content of sign (very limited exceptions)

Agricultural Uses

  • In counties, exemption for

bona-fide farms and agricultural, horticultural, and silvicultural activities

  • But large-scale hog
  • perations can be subject

to land use regulation