2015 international zoning code crash course

October 2016

American Association of Code Enforcement

Annual Business Meeting and Educational Conference

Instructor: Tana Bryant

2015 International Zoning Code Crash Course

1

Overview

AM

History of Zoning

IZC Chapter Highlights and Overview

Review

PM

Mock zoning case From Code Violation to Zoning Case Approval

Test Preparation

Review

2

It's not the plan that's important, it's the

planning.

- Dr. Gramme Edwards

3

Zoning • A system for the public

control of land use for the

community good

• Based on the city’s

comprehensive plan

4

Zoning History

Supreme Court

The Constitutionality of Zoning:

• Landmark legal case of

Village of Euclid vs. Ambler

Realty Company

• Upheld by the U.S. Supreme

court in 1926

5

6

Brief Fact Summary. Amber Realty Company (Appellee) challenged the enforcement of a zoning ordinance on the ground that the enforcement would constitute an unconstitutional taking by devaluing his land. Synopsis of Rule of Law. The ordinance must find its justification in some aspect of the police power, which is asserted for the public welfare. The court used the doctrine of nuisance to determine whether the zoning exclusions were proper. http://www.casebriefs.com/blog/law/property/property-law-keyed-

to-cribbet/introduction-to-the-traditional-land-use-controls/village-of-euclid-v-ambler-realty-co/

Land Use Zoning- Historic Events

• Roman Empire –

Layout of typical

Ancient Roman City

• Massachusetts Bay

Colony separated

noxious uses from

residences

• The Residence Act

1790- Washington

DC – approved

Capital District along

Potomac River

• 1869 – Riverside, Illinois – 1st platted as

an ideal model curvilinear suburb

• 1909 – LA enacts 1st Zoning Ord.

• 1916 – NY City – 1st Comprehensive

Zoning Ord.

• 1922 –Herbert Hoover 1st Model Zoning

Enabling Act for State Gov. published

• 1924 – Standard State Zoning Enabling

Act

• 1925 – 500 Cities Adopted

• 1926 – Village of Euclid v. Ambler Realty

7

Takings

Fifth Amendment to

constitution provides in

part that private property

shall not be taken for

public use without just

compensation

8

Land Use Controls

ZONING used to implement

land-use plan and allow

cities to set aside specific

areas for:

• Agricultural

• Residential

• Commercial

• Industrial

• Urban Development

Sub-Division Regulations

used to ensure residential

neighborhoods are

constructed according to

• Sound Principals

• Standards

9

Deed Restrictions

Private multi- party

contracts created for

the benefit of

residents of a

specific subdivision

10

Deed Restrictions

11

Covenant

Simply a promise from one person to another to do or

refrain from doing a particular act

12

Covenant Enforcement

Promises running by and

between property owners

to maintain a certain

standard of living in

neighborhood.

These promises are only

enforceable by any

parties to the contract

13

Legal Relief

Injunctions and damages are a form

of legal relief for deed restrictions and

covenants

14

Policing Power

Zoning is based on policing

power, which is the right of the

municipality to protect the:

• Public Health

• Safety

• General Welfare

15

CH. 1 – Scope & Administration

• Provisions for the application, enforcement and

administration of code requirements

• Buildings/Structures under its purview

• Due process law in enforcing zoning code

16

CH. 1 – Scope & Administration

• Fees-set by the jurisdiction and schedules

available at the office of the code official

• Existing Buildings-Lawfully established buildings

and uses in existence at the time of the adoption

of this code shall be permitted to have their

existing use or occupancy continued, provided

such continued use is not dangerous to life

17

Duties and Powers of the Zoning Official, Planning Commission, ZBA and the Hearing Examiner

– Zoning Code Official – Review/Approve Plans;

Interpretation; Make Recommendations

– Planning Commission – Develop and Recommend:

Comp. Plan; Zoning Code; Division of Land Regs;

Official Zoning Map; Review Cond. Use Permits;

– Board of Adjustment – Hear Appeals and Variances

– Hearing Examiner- Hear/consider applications for

discretionary land rezones and use decisions

18

CH. 1- Section 103.3 Maintenance

All buildings whether new or existing shall be maintained.

Owner or owner’s authorized agent is responsible for the maintenance.

The Code Official shall be permitted to cause any structure or use to be inspected.

19

Moved and Temporary Buildings; Structures and Uses

• Buildings or structures moved into or within the jurisdiction shall comply with the provisions of the code for new buildings and structures.

• Temporary Buildings, structures and uses shall be permitted provided a special approval (permit) is received from the code official.

• Temporary buildings or structures shall be completely removed upon the expiration of the time limit specified in the permit.

20

CH. 1- Section 103.5 Illegal Uses

• Uses and structures that were illegally established prior to the adoption of the code shall remain illegal.

21

Planning Commission It shall be the duty of the commission, after holding public hearings, to create and recommend to the legislative body a comprehensive plan for the physical development of the jurisdiction, which shall be permitted to include areas outside its boundaries that bear consideration to the planning of the jurisdiction. The comprehensive plan shall include at least the following elements:

1. Official Maps

2. Growth and Land Use

3. Commercial/Industrial Uses

4. Transportation and Utilities

5. Community Facilities

6. Housing

7. Environmental

8. Geologic/Natural Hazards

22

Conditional Use Permits

• It shall be the duty of the commission to review conditional-use permit applications.

• The application shall be accompanied by maps, drawings or other documentation in support of the request. The granting of the conditional-use permit shall not exempt the applicant from compliance with other relevant provisions of related ordinances.

23

Zoning Board of Adjustment

Is empowered to grant relief from certain provisions of

the zoning ordinance when the literal compliance

would result in unnecessary hardship

24

25

Purpose •Hears and determines appeals from applicants who have been refused building permits because of a violation or conflict with the zoning ordinance; •Hears and decides appeals where error is alleged in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance; and •Has the power to permit variations from the zoning regulations in cases or situations and in accordance with the principles, conditions, and procedures specified in and subject to the limitations imposed by the zoning ordinance.

ZBA -Jurisdiction

• Variances

• Special Exceptions

Hear appeals where it is alleged that there is an error in any order, requirement, decision, determination or interpretation by the code official.

26

Board of Adjustment

The BOA does NOT have the authority to change the

zoning ordinance or zoning for a particular piece of

property

27

Variance or No????

28

Hearing Examiner-Section 108

• The examiner shall be appointed by the legislative body of the jurisdiction served

• The examiner shall hear and consider all applications for discretionary land rezones and use decisions as authorized by the legislative body by resolution

• Such considerations shall be set for public hearing • Shall render a decision within ten (10) working days • Notice in writing of the decision and the minutes of

record shall be given to the code official for distribution as required

• All decisions are open to the public

29

Hearings, Appeals and Amendments

• Hearings: Upon receipt of an application in proper form, the code official shall arrange to advertise the time and place of the hearing.

• Use at least one publication in a newspaper of general circulation within the jurisdiction.

• Notice shall state the nature of the request, location of the property, and the time and place of the hearing.

• Reasonable effort given to property owner’s or authorized agents of the surrounding properties

• Notice posted in a conspicuous manner on the subject property.

30

CH. 2 – Definitions

• Definitions alphabetical

• Meaning defined in Ch. 2 applicable throughout

code

• Additional definitions regarding signs in Ch. 10 are

not listed in Ch. 2

• Terms “italicized” are unique to this code

31

CH. 3 – Use Districts

• Identifies classifications for typical zoning districts

• Provides for the application of minimum district

areas

• Regulates and restricts locations for uses

• Regulates and restricts location of buildings

• Regulates minimum areas, yards, courts and

open-areas

• Establishes criteria to classify properties into

compatible use districts

32

CH. 4 – Agricultural Use Districts

• 3 Divisions

– Open Space

– Agricultural

– Public Parks

• Minimum Bulk Regulations Establish Lot Area

– Minimum Lot Area

– Structure to open space density

– Lot Dimension

– Set Back

– Building Height

33

CH. 4 – Agricultural Use Districts

34

CH. 5 – Residential Zones

• Defines uses

• Land compatibility

• 3 Divisions

– R1-Single Family

– R2-Two Family

– R3-Multi-Unit Residential

• Structure to Open Space Density

• Lot Dimensions

• Lot Area

• Setback

• Building Height

35

CH. 5 – Residential Zones

36

CH. 6 – Commercial/Mixed Zones

• 4 Divisions of Zones

– C1 – Minor Auto repair/Fuel Dispensing

– C2 – Light Commercial/Group Care

– C3 – Amusement Centers

– C4 – Major Automotive/ manufacturing/commercial centers

• 2 Commercial/Residential Divisions

– Light Commercial Zone

– Medium Commercial Zone

37

CH. 6 – Commercial/Mixed Zones

38

CH. 7 – Factory/Industrial Zones

• Light Manufacturing

– Warehouses

– Auto Body Shops

• Heavy Mfg./Industrial

– Automotive Dismantling

– Petroleum Refineries

• Lot Area

• Structure to open space density

• Lot dimensions

• Building Height requirements

39

CH. 7 – Factory/Industrial Zones

40

CH. 8 – General Provisions

• Elements of Common Uses

– Parking stalls

– Driveway widths

– Front yard projections

– Off street parking

– Fence height

– Accessory Buildings

– Separation Requirements

• Essential Services

– Sewer

– Potable Water

– Street Lighting

– Fire Hydrants

41

CH. 8 – General Provisions

42

CH. 9 – Special Regulations

• HOME OFFICE

– Maximum allowable floor area

– Storage

– Exterior Display

– Parking allowances

• ADULT USE BUSINESSES

• Conditional Use Permit

• Provisions for Locations

43

CH. 9 – Special Regulations

44

Learn more about zoning

and get smarter about code enforcement

Teresa Adrian

45

CH. 10 – Sign Regulations

• Regulation of signs

– Types

– Figures

– Examples

– Method to calculating sign area

• General Provisions

– Placement

– Maintenance

– Repair

– Removal

– Sign Requirements • Wall

• Free-Standing

• Directional

• Temp

46

CH. 10 – Sign Regulations

47

CH. 10 –Sign Regulations Calculating Sign Area < 35 MPH Zone

48

CH. 10 –Sign Regulations Calculating Sign Area 35 -55 MPH Zone

49

CH. 10 –Sign Regulations Calculating Sign Area >55 MPH Zone

50

CH. 10 General Provisions

• Signs in rights-of-way

• Projections over public ways

• Traffic Visibility

• Computation of Frontage

• Animated or Changeable Messages

• Maintenance, Repair and Removal

• Obsolete Sign Copy

• Non-Conforming Signs

51

CH. 10 Specific Sign Requirements

• Wall Signs

• Free-standing Signs

• Directional Signs

• Temporary signs-real estate signs

• Development and Construction Signs

• Special promotion, event or grand opening

• Portable and Political Signs

52

CH. 11 - Nonconforming Uses

Land uses that do not conform to the current zoning

ordinance and can be describe by two categories

Legal Non- Conforming

&

Illegal Non- Conforming

53

CH. 11 – Non-Conforming Structures/Uses

• Ensures existing structures and current land use practices were legal prior to adoption of code to continue use

• Criteria needed to be maintained

• Discontinuance of Non-Conforming including vacant and damaged

• Restrictions on enlargements or modifications

54

CH. 12 – Conditional Use

• Something not normally permitted due to

– Unique characteristics

– Service it provides to public

• Requirements

• Documentation

• Fees

• CU Permit

– Expiration

– Revocation

– Amendment

55

CH. 12 –

Conditional Use

56

Conditional Use

Specified use that is permitted in a designated zoning

district but has to meet certain criteria or conditions

for location and operation as outlined in the zoning

ordinance

Conditional Use Permit

The permit that would stipulate the condition of

specific controls

57

CH. 13 – Planned Unit Development

• Code Requirements

• Role of Planning Commission

• Permitting

• Diversification

• Variation

• Imagination

• Uses

• Structures

• Open Spaces

• Heights of Structures

• Public Services

• Preservation of open lands

58

Planned Unit Development

PUD’s are a specialized type of subdivision that describes large- scaled real estate development

project.

59

CH. 13 – Planned Unit Development

60

CH. 14 – Summary

Referenced Standards

• Regulation of materials

• Construction methods

• Installation requirements

61

ZONING & LAND

USE

Skills Test

62

a)FI- 3 b)FI –1 c)C - 3

63

a)FI- 1 b)C –1 c)C - 3

64

a)FI-1 b)C-2 c)C-4

65

a)C-3 b)FI-1 c)C-1

66

a)FI-1 b)C-3 c)C-2

67

a)FI-2 b)C-3 c)FI-1

68

a)R-2 b)R-3 c)R-1

69

a)FI-2 b)FI-3 c)FI-1

SHALL BE LOCATED IN FI Zones and not permitted as home occupation.

70

a)C-2 b)FI-1 c)C-3

71

a)R-2 b)R-3 c)R-1 d)All of the

above

72

a)FI-2 b)C-3 c)F-1

73

a)R-1 b)R-2 c)R-3

74

a)FI-2 b)C-3 c)F-1

75

a)FI-1 b)C-3 c)C-4

76

Calculating Sign Area under 35 MPH Zone

Description:

• 45’ Lineal Front Footage

• 100 Sq. Ft. Sign Area

• 25’ Overall Height

Not allowable- Sign Area exceeds sq. footage and sign is too tall

77

Calculating Sign Area 35 to 55 MPH Zone

Description:


• 150 sq. ft. -Sign Area


Not allowable- Too Tall

78

Calculating Sign Area >55 MPH Zone

Description:

• 200 Ft. Lineal Front Footage

• 225 sq. ft. -Sign Area

• 45 Ft. Overall Height

Allowable

79

Calculating Sign Area under 35 MPH Zone

Description:




Not allowable- Too Tall

80

Calculating Sign Area 35 to 55 MPH Zone

Description:




Allowable

81

Calculating Sign Area >55 MPH Zone

Description:




Allowable

82

Let’s get ready to zone!

83

Welcome to the

City of Serenity

• Surrounded by a wealth of good jobs that insulated it from the worst of the recession and ignited a rapid recovery. (Hint-Jobs may be in neighboring cities)

• A one-time summer resort has the natural beauty of a more remote place. 40% of Serenity is open space and the town jewel, Lake Bravura, offers residents recreation activities. (Hint- Laid Back Community)

• The schools and diversity are big draws for families. The town has seven synagogues, nine churches, and one of state’s largest Islamic mosques. (Hint – Family Oriented Community full of churches – Churches may have a voice but are exempt from paying property taxes)

84

City of Serenity

Planning & Zoning Commission

Mock Hearing

Zoning Case Agenda:

1. Adult Use Business

2. Truck Stop

3. Movie Tavern

(Dinner/Wine/Movie)

APPLICATION:

• Determine Zoning

category for proposed

use

• Sign

• Landscape

• Building

• Setbacks

• Parking

– Off Street

• Accessory Buildings

• Density

• Fence Description

Mock Hearing

CHARACTERS:

• Applicant

• Planner

• Code Official

• Planning Commission

• Council/Mayor

• Public Input

– Favorable

– Opposition

• Zoning Board of

Adjustment

• Hearing Examiner

85

Let’s get ready to Test!

86

Certification Test Prep/Tips

• Tab your books (Tabs permanently affixed)

• Read the books!

• Notes written in code sections must be with permanent ink and highlighters only

• Flash cards

• Study partners

• Prepare practice test questions

• Practice test within allotted time

87

Prohibited Items at Test Ctr.

The following items may NOT be brought in the testing area: • Ink type pens/colored pencils/highlighters

• Purses/wallets/watches/briefcases/bags

• Calculators with print or storing formulas capabilities

• Copying, recording or photo devices

• Cell phones, beepers, radios, MP3 players and or PDA’s.

• Books without permanently affixed tabs

• Photocopies of copyrighted materials

• Reference material not listed for specific exam

88

Items to Bring to Test Ctr.

REQUIRED:

• Testing confirmation number

• 2 forms of Picture Identification

• References for appropriate exam

OPTIONAL:

• Battery operated calculator –no printer/no programming or storage capability

• Foreign language/English translation dictionary if needed

• Eyeglasses, if necessary

• Architects’ scale or rule, if necessary

• Magnifying glass

89

WARNING…For Best Test Result

Don’t pick the answer that applies in your

own city if your city has not adopted the IZC …..

90

WARNING…For Best Test Result

If your city adopted the IZC, the TEST does not take local amendments

into consideration.

91

Marking Questions

• Skip and mark questions if answers are not quickly

accessed (don’t get hung up on one question)

• Mark answered questions you may be unsure about

• Mark unanswered questions

92

THE TEST

93

Examination Result

You PASS 94

Optimum Result

You Know

the material… 95

And……

You apply what you know,

in all that you do,

every day! 96

2015 international zoning code crash course

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