intro. to planning law#5

8/8/2019 Intro. to Planning Law#5

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Introduction to Planning Law

Zoning Actions

Unit # 5


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What is a Variance?

A variance is a limited means by which a property

owner may seek relief from the standards set

Considered based upon the following conditions:

physical features of a property that cause a hardship

site conditions that are generally not applicable to

other properties in the same zoning district

hardships not caused by the petitioner

zoning relief would not be detrimental to the public

welfare, impair adequate light and air, endanger the

public safety, or weaken property values in the area.


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When is a Variance Needed?

Each zoning district has specific standards

regulating the use of land in that district based

on physical surroundings and issues, such as

drainage, supply of light and air, and public

safety. A variance may be an option when

your proposal does not comply with the

established standards of the zoning district inwhich your property is located.


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Conditions of Approval

No variance shall be granted unless findings

based upon the evidence meet the following

conditions of approval:

Can the property in question yield a reasonable

return with the relief requested?

Is the plight of the owner due to unique

circumstances? Will the requested relief alter the essential

character of the locality?


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Development

A development includes the construction of a

new building or other structure on a zoning

lot, the relocation of an existing building to

another lot, or the use of a tract of land for a

new use.


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Development Rights

Development rights generally refer to the

maximum amount of floor area permissible on

a zoning lot. The difference between the

maximum permitted floor area and actual

floor area is referred to as unused

development rights. Unused development

rights are often described as air rights.


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zoning lot merger

the joining of two or more adjacent zoning

lots into one new zoning lot. Unused

development rights may be shifted from one

lot to another, as-of-right, only through a

zoning lot merger.


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transfer of development rights

(TDR) allows for the transfer of unused development rights from

one zoning lot to another in special circumstances, usually to

promote the preservation of historic buildings, open space or

unique cultural resources. For such purposes, a TDR is

permitted where the transfer could not be accomplishedthrough a zoning lot merger because certain conditions, such

as intervening streets, separate the zoning lots. In the case of

a landmark building, for example, a transfer may be made by

CPC special permit from the zoning lot containing thedesignated landmark to an adjacent zoning lot or one that is

directly across a street or, if the landmark is on a corner lot,

diagonally across an intersection.


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Discretionary Action

Zoning amendments, special permits,

authorizations and variances are discretionary

actions.

requires the review and approval


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Dwelling Unit

A dwelling unit (d.u.) consists of one or more

rooms that contain lawful cooking and

sanitary facilities, inhabited by one or more

persons living together and maintaining a

common household, in a residential building

or residential portion of a building.


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Enlargement

An enlargement is a built addition to an

existing building that increases the floor area

of the building.


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Extension

An extension is an expansion of the existing

floor area occupied by an existing use.


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Floor Area

The floor area of a building is the sum of the

gross area of each floor of the building,

excluding mechanical space, cellar space, floor

space in open balconies, elevators or stair

bulkheads.


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Floor Area Ratio (FAR)

The floor area ratio (FAR) is the principal bulk

regulation controlling the size of buildings. FAR is the

ratio of total building floor area to the area of its

zoning lot. Each zoning district has an FAR controlwhich, when multiplied

by the lot area of the zoning lot, produces the

maximum amount of floor area allowable in a

building on the zoning lot. For example, on a 10,000square-foot zoning lot in a district with a maximum

FAR of 1.0, the floor area of a building cannot exceed

10,000 square feet.


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Large Scale Development

A large-scale development is a development

generally involving several zoning lots planned

as a unit. Special regulations allow for

flexibility, particularly in the distribution of

floor area without regard to lot lines, in order

to achieve a superior site plan.


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Mixed Use District

A mixed use district is a special zoning district

in which new residential and non-residential

(commercial, community facility and light

industrial) uses are permitted as-of-right.


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Non-compliance

A non-complying building is any building that

was legal when it was built but which no

longer complies with one or more of the bulk

regulations of the applicable zoning district.

The degree of non-compliance cannot be

increased.


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Non-conforming

A non-conforming use is any use that was

legal at its inception but which no longer

conforms to one or more of the use

regulations of the applicable zoning district.

The degree of non-conformance cannot be

increased.

intro. to planning law#5

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