Zoning Basics
One day you wake up and think summer is vastly approaching and I would like to get started with some home projects you have been setting on the back-burner. You think you are skilled you can do the work yourself. First things first, you want to construct a fence in your front yard to keep the neighborhood kids out of your yard, and you want to build a beautiful ramada in the backyard for when you have outside parties at your house. You think yes, your friends and family will love this because last summer everyone complained about how hot it was and got sunburned.
You go to Home Depot to buy all the materials and knock out the projects two months later. One morning before work, you sit back and relish in your stunning handyman work, and begin to think about how great it is that the neighborhood kids will have to stay out of your yard and what all your friends and family will say during this years party.
As you drive home from work you are in good spirits and nothing can ruin your day. As you pull into your driveway you look at your stunning new fence and see a yellow paper taped to it. You immediately think those darn neighborhood kids! You hop out your vehicle and race over to the gate and snatch it off only to realize it isn’t trash from the kids but a notice of violation from the City’s Code Enforcement Division!
Your mind starts racing and you think what violation?! I pay my property taxes early each year! As you begin to read the violation you read that you are in violation of Zoning Ordinance Section II.A.b.ii for fencing and Section III.B.d.i for detached accessory structures. The Violation goes on to say that you need to visit the Planning Department to bring your property in compliance with the zoning regulations for your zoning district and if not you can pay a fine and/or go to court. You take a step back and think what is Section blah blah blah and what on earth ZONING???
As a Planner I see the above scenario way too often because the general public typically doesn’t have a clue as to what Planning is (visit blog), that their city has a department called planning, or even what zoning is even though it impacts each of our lives daily. So in this blog I will break down and provide the basics of zoning.
What is Zoning
Zoning is the process and method of dividing up land within a municipality (town, city, county) into zones/districts. You may ask why would a city do this? Well, to put it simply, would you want an industrial park with four-story buildings, chemicals, and semi-trucks coming and going abutting your beautiful quaint house? The answer to that is more than likely NO!
Zoning, places parameters or better yet rules/regulations on the various different zone districts so that things like placing industrial uses next to residential uses do not occur. No worries we will break down these rules a little later. But, first we need to discuss how do you learn about these zone districts.
Zoning Ordinance
If the General Plan (see blog) is the bible for the city then the Zoning Ordinance will be the rules to follow to ensure your place in heaven if you believe in that. The zoning ordinance is written regulation and law that defines how parcels of land within a municipality can be used. It is important to note the most important word in this section, and that is “law”. Yes, that is right the zoning ordinance is law for a City, County, or Town, and what happens if you do not abide by the law? There are consequences just like the scenario in the beginning.
Zoning, is comprised of two very important parts (1) Zoning Map and (2) zoning text. The zoning map is a visual representation of the municipality created by GIS (Geographic Information Systems/Science). It will show the various parcels located in the municipality and color coded by zone district. The zoning text breaks down the rules that apply in each zoning district. These rules typically establish a list of land uses permitted in each district plus a series of specific standards governing lot size, density, lot coverage, building height, and required yard and setback provisions. Second, the text sets forth a series of procedures for administering and applying the zoning ordinance. We will discuss this further a little later.
Where can you locate the Zoning Ordinance?
There are two places for sure places to find your municipality’s zoning ordinance. First, you can find it by physically visiting the City’s Planning Department and requesting to view it. Do not stress that they will not have a copy it is standard practice for many planning departments to keep a copy at the front counter. Secondly, you can locate your municipal zoning ordinance by visiting your town, city, or county’s website and going onto the Planning Departments webpage.
Sections of a Zoning Ordinance
Title, Authority and Purpose: This section identifies the specific state enabling provision which empowers the locality to adopt zoning. It also spells out, in a “statement of purposes,” the community’s reasons for adopting the ordinance. The statement of purposes links the rules and regulations listed in the ordinance to the community’s values and goals.
General Provisions: Topics covered in this section usually include definitions used in the ordinance, and a description of the spatial location or jurisdictional reach of the zoning ordinance. Definitions are especially important because the general public, as well as the courts, must be able to attach specific meaning to the words and concepts appearing in the ordinance. With respect to jurisdictional reach, zoning ordinances will typically apply to the territory contained within the political subdivision; meaning the city, county, town, etc.
Administration and Enforcement: This section of the zoning ordinance spells out the duties of those involved in administering the ordinance -– the planning director, the zoning administrator, the governing bodies (city council, board of supervisors, planning commission, hearing officers, and board of zoning appeals or board of adjustment). Procedures to be followed when amending the zoning ordinance, as well as standards for assessing penalties and fines for zoning violations, are also included in this section.
Nonconforming Uses, Structures, and Parcels: When a zoning ordinance is adopted some existing uses, structures, and parcels may not comply with the current zoning regulations that have been enacted. Things like this can happen due to annexation or from the city overlaying a new zone district over an old one. However, these uses, structures, or parcels are then classified as “nonconforming.” While they are typically permitted to continue please be aware that their future expansion, reconstruction, or conversion will then be regulated by the provisions set out in this section of the most current zoning ordinance.
Zoning Districts and Regulations: This section of the ordinance is very important because it lists and defines each zoning district. Most zoning ordinances will include -– at a minimum –- residential, commercial, and industrial districts., but some other districts may include open space, public institution, agriculture, hillside, conservation, mixed use, planned area development, planned residential development, specific plan, etc. The amount and need for other districts depends on the state and jurisdiction.
Residential districts, in turn, are often broken down further into sub-zones for single-family and multi-family dwellings of varying density. This also goes for commercial uses and industrial uses. For example your municipal zoning ordinance may have general commercial, heavy commercial, neighborhood shopping center, community shopping center, business park etc.
Additionally, many zoning ordinances include one or more special purpose zones addressing flood hazard areas, historic properties, and other specialized uses such as wireless telecommunity facility. There are also special zones are often applied as “overlays” -– that is, those geographic areas subject to overlay zones are also within an “underlying” zoning district. For example, a property within a residential zone might also be located within a flood hazard zone. This property would be subject to the regulations of both the underlying zone (in this case, residential) and the overlay zone (flood hazard).
In addition to listing and defining zoning districts, this section of the zoning ordinance sets out rules for the use of land in each district. Most basic is the list of permitted versus special or conditional uses. If a use is deemed permitted (commonly referred to as a allowed, “by-right” or “matte r-of-right” use), it need only meet the ordinance’s development standard requirements and any other “impact standards” (such as parking, landscaping, and signage standards) to secure a zoning approval.
Other uses may be allowed within a district provided they are granted a special or conditional use permit. It basically means the use is allowed with conditions set in place. The terms special exception, special use, and conditional use permit generally have the same meaning; what term you’re familiar with depends on the state you live in. The zoning ordinance will set out the standards which must be met for granting such a permit. Typically, special/conditional uses require a proposal to go through a public hearing process and citizen participation (see blogs) .
Lastly, this section of the zoning ordinance includes the development standards, for each zoning district. Development standards involve dimensional standards for setbacks and side yards, density, minimum lot sizes (lot width/ lot depth and net/gross parcel size), lot coverage, and building heights. If you would like a break down of each development standard please see blog entitled INSERT BLOG LINK.
Conclusion
When looking back at the scenario in the beginning where the individual built structures on their property what was the problem? I know many of us think this is my property I purchased it; and as a result I can do whatever I want to my house and on my land. I am here to tell you that in America that is thought process is furthest from the truth. I am here to tell you that you are simply borrowing the land that your house sits upon and in some instances and jurisdictions the property too. This is why you pay property tax each year and why you have to abide by not only the general plan, municipal ordinances and the Zoning Ordinance.
So the individual above should have checked the zoning ordinance to check his zone district, see if the structures were allowed in the zone district, and the development standards to stay in compliance.Now they have three options: (1) tear down the structures, (2) modify them to comply if they are permitted, (3) go to court and potentially pay a fine or go to jail. Remember zoning id LAW that impacts your life everyday and in several ways.
If you enjoyed this blog post please let me know by checking out another blog. If you have any comments, questions and/or concerns please do not hesitate to contact the Friendly Neighborhood Planner.
