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About FriendlyNeighborhoodPlanner

http://www.urbanplanninglife.com

I am your Friendly Neighborhood Planner. I have an expertise in urban and an environmental planning. I am here to provide knowledge and more awareness of the urban planning field.

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What is a Site Plan

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What is a Site Plan

If you have aspirations of becoming some sort of planner, whether it is an urban planner, environmental planner, transportation planner, site plan reviewer, urban designer, etc. then you better get accustomed to and acclimated to seeing and reviewing Site Plans. Now, even if your profession is something other than a planner, and you are merely someone  looking to purchase either residential or commercial real estate, it is important to know how to read site plans. An approved site plan will show you what, when, where, and how something was permitted on a property.  

For planners it is inevitable that at some point a site plan will land on your desk during your career. I for one, get assigned to review a site plan at minimum twice a week. At this point in my career reviewing site plans are second nature and I generally look for the same base-line items to be labeled and shown on each site plan. Therefore, this post is for those that are in college, those of you who are  starting your first planning job, those that are just in need of a refresher, and for those who just want to know what is a site plan and what a site plan should include. 

Site Plan Purpose

To put it simply, a site plan is a detailed architectural or engineering drawing, whose sole purpose is to show and provide reference to proposed site improvements. Site improvements can include the proposal of buildings and structures, infrastructure, landscaping, re-striping and paving, right-of-way modifications, etc. 

Who Can Create Site Plans

Well, any of us can create a site plan for the heck of it, but most municipalities only intake and approve final site plans that are designed and drafted by licensed architects, landscape architects, and engineers. But, I want to reiterate that conceptual site plans can be drawn by anyone, but once you get to the final site plan step in the approval process, the site plan will need to have an engineer seal/stamp or be signed by a licensed architect. Please note that a designer is not the same as a licensed professional. 

Difference Between a Plot Plan and Site Plan 

The term plot plan and site plan are often used interchangeably; and for the most part they are the same when it relates to the information that is shown on both drawings. So you may be asking, okay well if they are the same then why are there two different  terms? Well, there is a slight difference between a plot plan and site plan. The difference lies in that a plot plan is a micro-representation of a site plan. I know, I know you are still puzzled, but let me break this down. 

A plot plan is an architectural map that is generally used to provide reference for a single-family parcel of land whereas a site plan will be utilized for commercial, industrial, or multifamily proposals. Another difference is that a plot plan can be drawn by me or you and a municipality will intake the plan and approve it, whereas a final site plan as stated above must be drawn by a licensed architect or engineer. Lastly, a site plan will provide a significant amount of site details whereas a plot plan will provide general details.  So just remember, plot plans are for residential single-family lots and site plans are for much larger, more comprehensive, and more complex land use projects such as a 25 acre mixed-use commercial and retail development. 

What Information Should be Shown on a Site Plan

Now, that we have the general information out of the way let us get to the meat and potatoes of this blog and that is what should be on a site plan. We will begin with the base information that should be on a site plan whether it is for a commercial, multifamily, industrial, or a subdivision plan. 

General Information to be on a Site Plan

  • Name, address, telephone number, and email address of the property owner and design profession (architect/engineer) who prepared the plan.
  • Scale, now check with the municipality, but generally an engineering scale is the standard scale to use as opposed to architectural scales. The typical scale to use will be 1-inch = 10-feet through 1-inch = 40 feet. Anything smaller is generally used to show context and reference  and the overall site. Please consult the municipality on their rules and regulations regarding scale. 
  • Vicinity map to provide context and bearings. 
  • North Arrow to show bearings and location.
  • Detailed project description. 
  • Show the dimensions of the following:
    • Parcel/lot boundary lines (tie to street monument). Show lease lines if necessary to the proposal. 
    • Building and landscape setback lines, plus the distance between buildings and other structures.
    • All existing and proposed easements, rights-of-way, with dimensions.
    • All existing and proposed off-site improvements. This includes sidewalks, curbs, gutters, transit stop pads, etc.
    • All existing and proposed driveways. This is to include driveway widths. 
    • Site visibility triangles and sight lines at driveways and intersections. 
  • Adjacent and abutting zoning districts. 
  • Property address and APN (Assessor Parcel Number).
  • Site Acreage and square feet,  which should include gross and net data.
  • Existing buildings/structures  to remain, proposed buildings/structures, with the proposed uses labeled. 
  • Show all significant natural features such as rock outcroppings, washes, existing trees, etc.
  • Show and label all proposed and existing safety curbing and surface materials such as concrete, asphalt, turf, decomposed granite, etc.
  • Dimension all landscape islands and parking stalls.
  • Show and label all existing and proposed fire hydrants within 300 feet of the project site. 
  • Legal description.
  • Show and label all existing and proposed accessible routes/paths, building entrances, public sidewalks, transit stops, and parking spaces.
  • Show and label all existing and proposed above ground and underground utilities. This includes water, sewer, telecom, irrigation, electric, wireless facilities, transformers, light poles, etc. 

Additional Information to be Shown on Commercial Site Plans

In addition to the base information listed above, there is additional information that will need to be shown on a site plan for commercial developments. 

  • Existing and proposed zoning 
  • Previous entitlement case information (case numbers and applicable stipulations). This can include rezones , general plan amendments, use permits, and variances. 
  • Development summary information:
    • Existing and proposed uses.
    • Total square footage of structures/buildings, with the individual square feet of each building. 
    • Proposed and required maximum lot coverage/F.A.R.
    • Proposed and required maximum height requirements
    • Proposed phased lines for proposals that will be completed in several phases. 
    • Proposed wall/fence details with dimensions, materials, and heights.
    • Proposed and required setbacks
  • Parking calculations per the zoning ordinance or entitlement case stipulations. 
  • Location of service and refuse areas.
  • Site plan general notes. Please check with the applicable municipality planning department to see if they have a copy of standard general site plan notes that they require on site plans. These notes can include one of more of the following:
    • Development and use of this site will conform with all applicable codes and ordinances.
    • All new or relocated utilities will be placed underground.
    • Structures and landscaping within a triangle measured back 10’ from the property line and 20’ along the property line on each side of the driveways entrances will be maintained at a maximum height of 3’. 
    • Any lighting will be placed as to direct light away from adjacent residential districts and will not exceed one-foot candle at the property line. 
    • No noise, odor, or vibration will be emitted at any level exceeding the general level of noise odor, or vibration emitted by uses in the area outside of the site. 
    • Owners of property adjacent to public rights-of-way will have the responsibility for maintaining all landscaping located within the public rights-of-way, in accordance with approved plans.
    • All signage requires separate reviews, approval, and permits. No signs are approved per this plan.  

Additional Information to be Shown on Multifamily and Subdivision Site Plans

Multifamily and  and single-family subdivisions will include the above information, but will also include detailed density calculation information. 

Conclusion 

There you have it, you are now an expert on site plans. I suggest printing this out and using it as a checklist for when the time comes that you have to review or create a site plan. Remember the more information on a site plan the better because this document will be archived and may be  used for future property owners of a parcel to know where easements are, the square footage that was approved, and if an existing building located on site was permitted. Further, the document can be used to clear up misinformation about ownership or responsibility of who is to maintain common use tracts. Lastly, a site plan can be used as evidence is court proceedings.

If you found this blog to be beneficial please let me know by visiting the subscribe page and subscribing to Urban Planning Life, leaving a comment, or by reading another blog. As always if you have concerns please do not hesitate to contact the friendly neighborhood planner at support@urbanplanninglife.com. 

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The Martin Luther King Jr. and Urban Planning Correlation

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The Link between Martin Luther King Jr. and Urban Planning

I was in a dilemma with the most recent Martin Luther King Jr. holiday (January 15, 2020), which landed on a Monday, and you may ask why? I mean it’s great you get to honor a great individual and you get the day off right?  Well, if you follow Urban Planning Life on Instagram (@urbanplanninglife) you know that I post funny urban planning related memes every Monday to break the ice for the new work week. But, this Monday I knew I would have to break tradition because the day wasn’t a joke. So,  I put it in my mind that I would instead do a post about Reverend King. 

But, the thing is I couldn’t just post anything, because I run an educational platform that is all about Urban Planning. As a result, the post would have had to relate to urban planning in some way. That Monday morning I began to think and think and honestly I began to question if there was even a correlation between Reverend King and Urban Planning, but when it hit me, it hit me and I smiled. I was thinking to small, the Urban Planning field is a multifaceted, multidimensional, multi-intersected so of course there was a Correlation!

Brief History on Martin Luther King Jr

Dr. Martin Luther King Jr. was originally born Michael Luther King Jr. on January 15, 1929 in Atlanta Georgia. Martin was born into a Christian household. To be specific, his lineage includes a line of pastors. His grandfather began the family’s long tenure as a pastor of the Ebenezer Baptist Church in Atlanta, serving from 1914 to 1931; then his father served from then until his death, and from 1960 until his untimely murder Martin served as a co-pastor.

Martin was not only religious he was was very decorated as a scholastic scholar.  According to the Nobel Prize Organization Martin graduated from a segregated high school at the age of fifteen; then went on to receive a  bachelors of arts (B. A.) degree in 1948 from Morehouse College. Morehouse is a distinguished Negro institution located in Atlanta. After three years of theological study at Crozer Theological Seminary in Pennsylvania, he was awarded the B.D. in 1951. Soon after he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving the degree in 1955. 

The Urban Planning Link 

This year, 2020, marked the 26th anniversary of the President’s Executive Order 12898 on Environmental Justice and Health and the 56th anniversary on the Civil Rights Act. You may be wondering okay you gave us his faith and educational background, but how does Urban Planning fit in and what does Reverend King have to do with the field of Urban Planning and my answer is “EVERYTHING! .

Whether you believe it or not his ideologies focused on the betterment of urban planning, parks and recreation, schools and education, human health, meaningful work, and democratic decision making as genuine civil rights issues. As I stated above, the field of urban planning is multifaceted, multidimensional, and crosses path with many other professions like architecture, cultural anthropology, political science, parks and recreation, geography,  math, and sociology. Each urban planner should be striving to meet Martin Luther King Jr’s ideologies when we are guiding developers, the general public, and upper management through the development process. You should be asking yourself, how does this development impact the city, the community the adjacent neighborhood; and if negatively what mitigation measures can be implemented to reduce the impacts and make it better. This is your job as a planner. 

Further, we all should want not only equality, but equitable development that doesn’t pander to one social class (social stratification) or a particular race while diminishing the rights or harming the health of others. Everyone should be able to live an environment that sets them up for success and everyone should be treated the same. However, for years the Urban Planning field has been used to do the exact opposite through heinous practices like exclusionary zoning and land use which set-out yo prevent racial and ethnic minorities from moving into middle- and upper-class neighborhoods. This practice is known as Redlining.  In the United States and Canada, redlining is the systematic denial of various services to residents of specific, often racially associated, neighborhoods or communities, either directly or through the selective raising of prices.

Conclusion 

Despite our despicable pass, today is a new day and the urban planning field is making tremendous strides, but we must keep going and moving forward while never forgetting  where we have been. I have great hope in the current and future generations. Hear me when I say, “We do not need a professional field crammed with conformist.” The work isn’t done Planners, dare to dream, dare to be different, dare to do better than those in our not so distant past, and dare to uphold Dr. Martin Luther King Jr’s legacy!

Cheers to the Urban Planning Life because for a select few of us Urban Planning is Life. If you enjoyed this blog please let me know by leaving a comment below or sending a personal message to the Urban Planning Life Contact Us page.

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Urban Planning School Programs Ranked

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Ranking University Urban Planning Programs

This blog is for the soon to be high school graduates, community college students gearing up to transfer, those who are looking for a career change, parents trying to gather information on schools for their children, or for those of you who just like reading about different universities this blog series is for you. I will be gathering pertinent information about several different colleges that offer urban planning or environmental planning as an undergraduate program. I will focus on the following seven items.

  1. History of the university and when they began to offer the program.
  2. University location
  3. Admission requirements and statistics.
  4. Cost of attendance.
  5. Urban Planning Program
  6. Specializations
  7. Programs rank according to Planetizen. 

History

The history section will give an account of not only the university but a little history of the city the university is located in. I find this to be very important when you are searching for colleges. You may ask why, but think about it, if the city the university and planning program is in does not exhibit growth or great planning practices then what can you expect from the university and its program? Many great programs are located in great cities and in turn create great planners who not only go out into the world to do great things in the planning field, but many of these people contributed to the city the university is located in by way of keystone projects and internships. Lastly, I will provide a brief history of the program and how and when it came to be. My favorite saying is if you don’t know where you been they how can you know where you are going. The history of a university and its programs are very important. 

Geographic Location 

This section will be short and sweet and will provide you with information about the schools geographical location and what you can expect weather wise. Look what we all consider to be great weather is subjective; and we all have different feelings about what type of weather we like. So, if you like hot weather, maybe you should think twice about going to school upstate New York, just saying. 

Admissions Requirements and Statistics 

Now we are getting to the good stuff or what I like to call the meat and potatoes. This is what we all are waiting for and that is how difficult is it to get into the school program and what are the statistics of graduates from the program. No one, and I mean no one wants to go to school that doesn’t have a well thought out process of admissions and at the same time no one wants to attend a school where just anyone can attend because it can come across as desperation and would make me think twice about if the educational program is adequate. Statistics is important but it isn’t key I for one didn’t attend a top rated school. The program was very small, but the statistic of those finding jobs after graduation was high and that was huge for me as I graduated during the economic downturn also known as the “Great Recession. I found employment soon after graduating and have never been without a job since my college days. I attribute some of this to my college education and my Alma Mater as they did set me up for success. 

Cost of Attendance 

This is quite obvious, but I will provide you with a snapshot of how much debt you can expect to incur by attending said college. I for one, factored this into my school choice and even transferred from my first  university choice to another school due to the cost and me taking a step back and looking into my financial future objectively. I did not want to be in debt my entire life just to say I went to a particular school. I am ten years into my career and have been debt free for years. This revelation on wanting to be debt free early on has allowed me to make decisions about my career without desperation and has permitted me to move around based upon what I believe would allow me to become a more well rounded planner as opposed to choosing jobs solely based upon monetary gain. Therefore, do not just pick a school based upon its popularity you can be setting yourself up for financial woes well into the future. 

Urban / Environmental Planning Program

We will get into the program and what sort of courses you will need to take in order to graduate. I will discuss the amount and type of prerequisites and electives the program requires. Now, most people despise electives and prerequisites, but honestly in the field of planning you will have to reprogram your mind to not look at these as a waste of time. I know you are eager to get to the core courses, which makes since in other fields, but Planners need to be well rounded and multifaceted as you will be faced and responsible for many different things. For instance, it is important to have not only a good understanding of planning practices, but of architecture, social issues, environmental issues, history, politics, government, but you need to have a great grasp of statics, word, PowerPoint, public speaking, customer service, reading comprehension, writing skills, and project management skills just to name a few.

So you see planners have to be jacks of all trades you do yourself a disservice if you only concentrate on your core planning courses. I took all sorts of courses from urban design, to CEQA basics, to GIS (geographic information systems/science), to jazz, to cultural anthropology to sociology in the black community. All of these electives and prerequisites have set me up for success and to be a well rounded planner. I am what is considered to be a generalist as I don’t truly have a specialty in my opinion, but now that I am in a new state I do which is CEQA/NEPA/Environmental Planning. But, in a future blog we will get into how in different states what was not considered a specialty can become one in a different geographical location. 

Specializations 

The last paragraph was a great transition into this topic which is planning specializations. Planning specializations are great but not necessary and there is no problem with being a generalist. It is my belief that having a specializing will not make you more qualified or sought after as a generalist. It all depends on what a company’s agenda is at the time and what they need.  Like I said me, a generalist has never been without a job and I always have been paid very well. But, if you want to set have a specialization go for it as I don’t discourage it. I myself moving from California a state that is very aware and sensitive to environmental concerns to my current state of residence, now wear the badge of specialization where in California all Planners are well versed in environmental planning. It allows me to negotiate more pay and helps me to stand out, but I still consider myself as a generalist. 

Nonetheless, the section will focus on one specialization you can add to your planning education. I will try to look at unique ones as well as the standard ones and give you my thoughts on the courses and how it may or may not benefit you as you step into the real world. 

Program Rank 

I will be using Planetizen to rank each education program. Planetizen is an independent platform that creates and curates stories to bring awareness to the planning field. Well, each year Planetizen publishes a rank of planning programs. Because they are well known and trusted we will be utilizing their ranking for those who care about stuff like that. 

Conclusion

Please understand that these are my thoughts and opinions which are subjective, none of them are absolute and I encourage all of you to come to your own conclusion on important life decisions and I also challenge you all to challenge me as this helps us both grow and that  is what life is all about. If you have a school that you are interested in that I haven’t written about please do not hesitate to contact Urban Planning Life, LLC or the  Friendly Neighborhood Planner by visiting our Contact Us page. Cheers to the Urban Planning Life because for a select few of us Planning is Life!

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City Government Structure Broken Down

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City (Municipal) Government Structure 

It’s inevitable that many Americans are very aware, intune with, and pay a lot of attention to National Politics, so when you ask a child or any adult who the current president of the United States is, I can  guarantee that a large proportion of them would get it correct. On the other hand, if you were to ask these same people who their city/town mayor or city manager is and an overwhelming number of these people wouldn’t have the slightest idea of who is their current local figurehead (go ahead and ask yourself). 

I didn’t state this to make you feel bad, but I did state it to shed some light on this hard truth. Look I totally understand, federal government has all the drama, glitz and glam and major news coverage, it’s almost like watching reality t.v., but it is imperative that we all begin to value, be on high alert, and have a good understanding of local political systems. Because let’s be real it is local governmental decisions that impact your daily life. So, not only will I be breaking down common municipal structures I also will be explaining why you should start turning your focus toward what is happening locally more than nationally. I say unto you “Think globally, but Act locally”. 

Difference Between the Federal Government vs Municipal Government 

Before we begin to break down local government we must first take a trip down memory lane to 12th grade government class. The real difference between federal government and municipal government are the following:

  1.  The federal government supersedes state governments which in turn supersedes local governments. So, the federal government and state governments share power in countless ways, while local governments must be granted power by the state.
  2. The Federal government encompasses the entire country whereas a local government has jurisdiction only over said town or city. 
  3. The Federal government’s sphere of influence is widespread whereas the sphere of influence city government has is very limited. 
  4. The Federal government obtains its money that it spends through the means of taxation. Roughly 80% of revenue comes from the individual income tax and the payroll taxes that fund social insurance programs. Another 9% comes from the corporate income tax, and the rest is from a mix of sources. For both state and local governments, the property taxes that its citizens pay make up the largest category of revenue at thirty-five percent. Then sales and gross receipts make up approximately thirty-four percent. Lastly, the corporate income tax is the smallest at a mere three percent of the money taken in.
  5. One of the biggest differences is with regards to annual budgets. Local governments are required by law to balance their budgets so that they are never spending more than what they bring in. However, the federal government is allowed to run a deficit and to borrow money to meet its obligations. Which means that the government can spend more than it brings in revenue.

National/Federal Government Structure

The United States Constitution divides the federal government into three branches to make sure no individual or group will have too much power. This is referred to as checks and balances. The three branches are as such:

  1. Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate)
  2. Executive—Carries out laws (president, vice president, Cabinet, most federal agencies)
  3. Judicial—Evaluates laws (Supreme Court and other courts)

Legislative Branch 

The legislative branch drafts proposed laws, confirms or rejects presidential nominations for heads of federal agencies, federal judges, and the Supreme Court, and has the authority to declare war. This branch includes Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. American citizens have the right to vote for Senators and Representatives through free, confidential ballots.

Executive Branch

The executive branch carries out and enforces laws. It includes the president, vice president, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees, and Americans have the right to vote for the president and vice president through free, confidential ballots.

 

  • President—The president leads the country and is what I like to call a figurehead. The two true powers that the president has is the power to veto and more importantly the president has the power to influence. 
  • Vice president—The vice president supports the president. If the president is unable to serve, the vice president becomes president. 
  • The Cabinet—Cabinet members serve as advisors to the president. They include the vice president, heads of executive departments, and other high-ranking government officials.

Judicial Branch 

The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. It is comprised of the Supreme Court and other federal courts.

Local/Municipal Government Structure

Now, that we have all gone back down memory lane and felt like we were sitting in our 12th grade government class. Lets’ now get to the section we all have been waiting for (this is clearly sarcasm) and that is to break down the local political structure. First, although I have been referring to local government as cities or towns it’s very important to note that local governments are broken down between cities/towns and counties, which are sometimes called boroughs in some states (but for sake of not making this too convoluted I will keep saying city for local government). 

Now that that is squared away lets break down the three forms of local government. 

Council – Manager

This is the most common form of local government and it entails City Council overseeing the general administration of the city, while making policy, and setting the budget. Additionally, the Council members are responsible for appointing a professional city manager to carry out day-to-day administrative operations (almost like the cabinet). Often the mayor is chosen from among the council on a rotating basis.

Mayor – Council

This is the second most common form of local government in the U.S. and it includes the Mayor being elected separately from the council members. It is important to note that the mayor’s position is often full-time and paid, and he/she has significant administrative and budgetary authority. However, depending on the municipal charter, the mayor could have weak or strong powers, but the City Council is elected and maintains legislative powers. Nonetheless, some cities appoint a professional manager who maintains limited administrative authority.

 

Commission 

This is the oldest form of local government, and only exists in less than 1% of cities today. This form of government entails voters electing individual commissioners to a small governing board. Each commissioner is responsible for one specific aspect, such as fire, police, public works, health, finance, but one commissioner is designated as chairman or mayor, who presides over meetings. It is important to understand with this form of government the commission has both legislative and executive functions.

Why is Important to Focus Your Attention to Local Government

I cannot stress enough the importance of local government and why you should be focusing more of your energy towards what is happening at home. But, if you need convincing do not fret. 

  1. Local politics is what really affects your everyday life in more ways than one. For example, let’s say the new fiscal year is quickly approaching and you live in a California city that is always plagued with brush fires, but you hear that your City Council members are thinking of shifting the budget around to allocate more funds towards art projects instead of towards the Fire Department. Thus, meaning the layoff of many firemen. This decision will most definitely impact you, your family and friends and the entire community. It would be like your local officials are putting you directly in harm’s way for some artwork right? Now, this example is a little extreme and I would hope that something like this never occurs, however, you must be in tune with your council members and know what they plan on doing with the money that you as a citizen contributed by way of property taxes.  
  2. Your City Council members, City Manager, and Commission members act as your first line of government. They should be and are the most accessible part of government to the average citizen. Unless you are a highly important person or celebrity there will more than likely never be a time where you can just call up the president or his staff to voice your concerns, but guess what with local politics you can do just that. They are the faces you can actually talk to regarding any issues in your city or town and their numbers and/or emails are public information.
  3. It is sad to say but at the national level we have steered so far away from the intent of the “Preamble”. You might be like what are you talking about? But, think back to 8th grade history where your teacher made you watch the animated educational musical show Schoolhouse Rock. I will never forget one of the most important episodes that dealt with the Preamble. If you don’t remember this episode it aired in 1975 well before I was even a twinkle in my pops eyes but here I was decades later watching it. In this segment, we were taught the history of the preamble in the form of a song. Now, if you do not remember the preamble let me refresh your memory and it goes a little something like this. 

We the people of the United States, in order to form a more perfect union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”

You may be asking why this is important and who cares about Schoolhouse Rock. Well, the first few words are monumental. “We the People”. We the people are the government and the government is us. However, when looking at National politics this can almost be further from the truth we have steered so far away from the intent of the Preamble government on the national level has become inaccessible and too large, but your local government hasn’t! They have not steered away from realizing they are working for you and at the top of each municipal organizational chart Citizen/Public is at the top of the hierarchical chart, and if this is not the case you have more than enough power to change that on a local level. 

  1. Local politics and local issues often set the precedent for political moves on the state and national level.L If you’re concerned about a specific issue, chances are others in your state and the nation are feeling the same way. For instance, the poorest localities were hit hardest by the recent economic crisis. Still, many of those towns rallied to create new industry and effect change on the local level to solve their problems.
  2. Local politics, especially at the state level, determine what happens in schools. Education has played a central role in the health of American culture for some time, and many agree that our schools are in dire straits. Parents and teachers don’t often know what to do about this, but they should know that their local systems have built into th
  3. em safeguards to protect education. If you’re not happy with state-funded education, the first place to start can be local school board elections.
  4. The easiest place to change laws you don’t like is with the local and state government. Luckily, our localities have the ability to change law by petition, and although many cities and localities may try to battle this, slowing average citizens by using a mountain of administrative red tape, eventually, anything with enough support will be given a place on the state or local ballot.
  5. Think globally, act locally. The impact local politics has on us and our regular, day-to-day lives is clear. However, for whatever reasons, people are still reluctant to become involved or even interested in local politics. But you must not give up, even if you feel  local change may take a while to trickle up to the federal government, the possibilities we create when we take a stand locally can create many ripples that actually affect the world.

Conclusion 

I hope I was able to convince you to start paying attention to what is going on at home politically wise. This is your first line of defense and the small feats at a local level can have a tremendous impact down the road on a national or global level. More importantly, it is important to remember that if things occur locally and you are not an active or engaged participant, you have no right to complain. It is our duty to ensure that we are not only looking out for our best interest, but the interest of those who are not yet here. So, start getting to know your mayor, city manager, and council members. I even encourage you all to get to know who your Planning Director is because he/she will be able to provide you with information of where the city is going development wise. 

If you found this blog helpful please do not hesitate to let me know by reading the next blog. Additionally, if you have any questions, comments and or concerns please do not hesitate to contact the Friendly Neighborhood Planner.

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Citizen Participation – Active Community Engagement

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Citizen Participation

It’s Tuesday evening, you are completely exhausted and you are just getting in from work. You plop on your couch only to remember you haven’t checked your mail in three weeks. You contemplate do you really need to check the mail today and you try to come up with numerous excuses such as it will only be bills or advertisements in your mailbox so why even bother. You begin to close your eyes, but something keeps nudging you to get up and check the mail. So you begrudgingly slither from the couch to go check the mail. As you rummage through your mail you say to yourself, “I knew it only junk!” but before you begin to toss out all the mail you notice one piece that looks different. 

It is from some law firm and it has a City sticker on it as well. You tear it open and you begin to read the letter. It is a neighborhood notification letter that tells you about a development proposal that is abutting your property. The development is for a carwash and it says there will be a neighborhood meeting. You think, “Not in my community, not right behind my house!” You start to formulate all sorts of thoughts and responses you have to offer the law firm and city. You reach for your phone so you can place the date of the meeting on your calendar. You look back at the letter only to realize that the neighborhood meeting occurred last week! You gasps as your opportunity to voice your concerns has been missed or has it?

What is Citizen Participation

Citizen participation also known as public participation is a process that allows private individuals, private entities and/or other public municipalities an opportunity to voice their concerns, comments, opposition, and/or agreement to decision making bodies in the hopes of having influence over a proposed project. 

Depending on the jurisdiction, the type of planning application, project complexity or sensitivity citizen participation can take the form of a neighborhood notification letter or a neighborhood meeting. Additionally, depending on the jurisdiction the provisions of who, what, when, and how a citizen is notified of a project proposal can be at the discretion of the assigned planner or it can be written in the zoning ordinance that notification will be sent to all properties located within 300± feet of the proposed project site. To get specifics on this contact your local planning department.

Difference Between Public Engagement and Public Participation 

I know that both may appear to be the same on the surface, it is important to understand that both are drastically different when it relates to the role that citizens play in influencing public decisions.  As stated above, citizen participation is initiated because of a proposed development proposal, and its sole purpose is to get your input on that proposal whether it be negative or positive because your input will be included in a staff report which will be provided to a decision making body. Your input will hopefully influence or persuade the decision making body in your favor. Nowhere during this process are civil servants supposed to persuade you in any direction they are supposed to be unbiased and their main objective is to report your input. 

Whereas Citizen engagement requires an active, intentional dialogue between citizens and public decision makers. Meaning both the citizens, public decision makers, and civil servants come together to bring resolution and methods that benefit all. But, it’s important to note that citizen engagement and participation have the same goal: improving public service delivery and policy projects.

Nonetheless, both are not initiated by the same persons. Citizen engagement is a top-down initiative and is in-stated by a governmental body such as a city or a town. The city officials are the ones encouraging citizens to discuss, assess policies and contribute to projects. By contrast, citizen participation stems from citizens themselves (developers and/or private citizens) due to planning applications, and is thus is a bottom-up initiative.

Why is Citizen Participation Important 

Citizen Participation is very important because it allows you the citizen to have an active role on what is to occur or not occur in your community when it relates to development projects. Development projects can include something as small as a variance application submitted by a neighbor for a reduction in setbacks, to a conditional use permit for a drive-thru restaurant located down the street from you, to a rezoning application to change the zoning of an abutting property from rural residential to commercial, all the way to a petition for an annexation of 400 acres from county jurisdiction into the city’s jurisdiction. 

You do have a voice, your voice matters, but you have to know that it does, and you have to be a willing advocate for not only yourself, your family, your community, but for future generations that are not even here yet. You must not only think about the present but the future. How will your influence impact everyone here today and those that will be here tomorrow. As a citizen who participates you must not be selfish in your advocacy but instead selfless. It is bigger than just you and your family. Remember you are doing this for those who do not have a voice as well. 

Those who do not have a voice equates to the sick and shut in, children, animals, elderly, and those who are handicapped. 

Where can you find it

Citizen participation can be sent via neighborhood notification letter, an announcement of a neighborhood meeting, a town hall meeting listed in the public newspaper, posted on the project site, and it can even be posted at city hall. As a result, it is important to be an active member of your community by checking all the areas listed above. Further, you can have your local planning department have you listed as an interested party. This will ensure that you are always notified when a development proposal that requires citizen participation is formally submitted. It is your responsibility to keep track of what is going on in your community. Therefore, keep your eyes and ears open. 

Conclusion

Citizen participation is important and It is your responsibility to be engaged in your community. So please do not go weeks without checking your mail because you never know when a development proposal will pop up in your vicinity and you want to make sure that your voice is heard during the decision making process. The last thing you want to think is that you could have done something, but you missed the deadline to do so. 

If you found this blog helpful please let me know. Further, if you have any additional comments, concerns, or questions please do not hesitate to contact the Friendly Neighborhood Planner.

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What is a General Plan?

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What is a General Plan 

You are in the process of moving to a new city and you are looking for residential subdivisions. You have been on a quest all day and finally when you were about to give up you stumble across a new subdivision. It is absolutely stunning! It is located right up on a mountain preserve and as a result has an amazing viewshed of the mountains, mature landscaping, and the cityscape in the far distance. You think this is it, this is what you have always wanted! However, there is this nagging thought in the back of your mind that says, “It is what you want now, but will this view always be here, and it is not surrounded by anything else yet, but what about in the future?” So you mumble to yourself yeah will it always be this secluded and beautiful?

These are great questions to ask yourself. But, more importantly you should be asking yourself what is the future of the city/county wherever you live or intend on living. You may ask well of course, but how does anyone know what the future holds for any place? Well, I definitely know and many planners are well aware of this, and you can be too. I am here to tell you that it isn’t some big secret. All the information for what is planned for a City is mapped out and spelled out for your curious little eyes to see. It is located in a document entitled “General Plan”. You can see it online by going to your city’s website or by going down to city hall and guess what counties and towns also have them. 

What is a General Plan

A general plan is a broad planning guideline that is filled with policies and goals associated with the future development of a city or county. To be specific, a general plan provides vision, goals, and policies that determine how a city will grow and develop in the present and well off into the future. When I mean future I mean as far as 50 years into the future it just depends on the jurisdiction and how far ahead they want to plan. But typically it can be between 20 to 50 years into the future. This timeframe is regularly referred to as horizon year. Please note that a General Plan can also be referred to as a comprehensive plan, land use plan, community master plan, or a master plan.

Why do we have a General Plan?

Many times a general plan is a required document by law. Many states have statutes that require municipalities (town, city, county) to adopt, update, and readopt their General Plans every ten years (You can check with your municipality to check when the next general plan update is to occur). Please note that under many state laws, subdivisions, capital improvements, development agreements, and many other land use actions must be consistent with a muncipality’s adopted general plan. 

 

Further, The purpose of the local comprehensive plan is to guide land use planning decisions, direct and coordinate efficient and orderly development of the local government and its environs that will, based on analysis of the present and future needs, best promote the public health, safety, morals and general welfare. Apart from the vision and goals for the city,, the document provides insight on the socioeconomic makeup of the population, land uses, spatial information, and estimated current and future estimated population growth. 

Difference Between the General Plan and Zoning Ordinance 

The real difference between the general plan and zoning ordinance are:

  1. The general plan establishes the zoning ordinance and is almost like the blueprint for a municipality whereas zoning equates to the finite details needed to ensure the blueprint stays on course. 
  2. The general plan supersedes zoning. General laws, zoning, specific plans, planned area developments are required to conform to the general plan. 
  3. The general plan is a regulatory document that creates land uses and the zoning ordinance creates zoning districts that should comply with the general plan land use designation. 
  4. A zoning ordinance provides specific regulations with regards to development standards (setbacks, lot coverage, floor area ratio, height, lot size, and density) for properties located in specific zoning districts. Whereas land use designations of the general plan provide broad characteristics for a property located within a specific land use designation. 
  5. General plan is a comprehensive  land use planning is a public and democratic process that defines goals and objectives to achieve a community’s vision. Zoning ae used are rules that aid in maintaining the community’s vision. 

What is located in the General Plan

As stated above, a general plan is a long-range comprehensive plan that guides development; and this is done by addressing various elements such as land use, housing, growth areas, conservation, urban design, military and aviation, open space, circulation/transportation, fiscal public health, environmental planning, energy, etc. Below we will break down the standard sections and elements that are found in a general plan. 

Statement of Intent:

Is a statement of the overall purpose of the document, and it is where background information and history of the community is provided. 

Community Vision:

This is where recommendations and strategies for community development is announced. This includes recommendations for infrastructure, parks and community facilities, jobs and tax base growth, and community preservation. Additionally, this section describes the method on how the community came together to create these recommendations. Lastly, an action plan to execute the recommendations and provisions to monitor the action plan is presented.

Land Use: 

Designates the type, intensity, and general distribution of uses of land for housing, business, industry, open space, education, public buildings and grounds, waste disposal facilities, and other categories of public and private uses.

Circulation/Transportation: 

Correlates with the land use element and identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities.

Housing:

Assesses current and projected housing needs for all economic segments of the community. In addition, the housing element embodies policies for providing adequate housing and includes action programs for that

purpose. By statute, the housing element must be updated every, five or eight years, according to a schedule set by the Department of Housing and Community Development (HCD).

Conservation:

Addresses the conservation, development, and use of natural resources, including water, forests, soils, rivers, and mineral deposits.

Open Space:

Details plans and measures for the long–range preservation and conservation of open–space lands, including open space for the preservation of natural resources, the managed production of resources, agriculture, outdoor recreation, and public health and safety.

Noise:

Identifies and appraises noise problems within the community and forms the basis for land use distribution determinations.

Safety:

Establishes policies and programs to protect the community from risks associated with seismic, geologic, flood, and wildfire hazards, as well as from other concerns such as drought.

Environmental Justice:

Identifies objectives and policies to reduce pollution exposure, improve air quality, promote public facilities, improve food access, advance access to housing, and increase physical activity in identified disadvantaged communities.

Air Quality:

Establishes policies and programs to reduce impacts to air quality. Air quality considerations are also required for cities and counties who are required to include an environmental justice element in their general plans, and are optional elements in other areas of the state.

Conclusion

The general plan is a public document that will provide you with a magnitude of information about your community. So, whenever you need to know about current and future development proposed please do not hesitate to contact your city or county’s planning department to obtain a link or copy of the general plan. 

If you found this blog useful let me know by going to the next blog. If you have comments, questions and/or concerns please do not hesitate to contact the Friendly Neighborhood Planner.

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Development Regulations & Zoning Basics

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Development Regulations & Zoning Basics

You just purchased your first home and you are so excited! It is a fixer-upper but you don’t care because it is all yours. You already have grand plans for this little house and one of the plans is to add an addition to the house to provide you with a master bedroom fit for royalty. You want the master bedroom to be extremely large, include a huge master bathroom and a monsterous walk-in closet big enough to fit a family. So you call up a contractor and tell him your wonderful plans for your new home, and the contractor stops you mid-dream I mean mid-sentence to say will all that put you over your lot coverage and where do you plan on putting that addition we need to make sure that you do not encroach into the setbacks? 

You take the phone away from your ear to look at the phone puzzled then gentle place it back to the side of your head and say, “Lot coverage and encroaching into setbacks?” The contractor chuckles and says, “Yes did you tell yoru realtor your ideas for this house and didn’t they go over the development standards for the zone district with you?” You then say, “Zone district? “Development standards?” The contractor then sighs and says, “Houston we may have a problem.” 

You may be asking what is the problem shouldn’t this person be able to build whatever they want and however they want on their property? The answer to that is an outstanding NO! Each parcel of land within a municipality has to comply with the Zoning Ordinance which is law for the jurisdiction. The zoning ordinance is written regulation and law that defines how property in specific geographic zones can be used (to obtain more information on this check out Zoning Basics blog).  To add the zoning ordinance will provide you with the development standards for a specific zoning district. Keep reading to get the break down of development regulations.

Development Standards

First things first, you will see me go interchangeable between development standards, development regulations, and zoning regulations. Depending on your jurisdiction one of the phrases will be used but they all represent the same thing, which generally includes:

  • Setbacks
  • Lot Coverage / F.A.R. (Floor Area Ratio)
  • Density
  • Lot Size ( lot width/lot depth and gross and net acreage)
  • Building Height

You may be stating I have no clue as to what each of these things are? No worries, I will break each one down and provide an example so you can have understanding and be empowered. 

Setbacks 

In relation to land use and zoning a setback is the minimum distance which a building or other structure must be set back from a street, roadway, or property line. Setbacks are building restrictions imposed on property owners. Local governments create setbacks through ordinances and Building Codes, usually for reasons of public policy such as safety, privacy, and environmental protection. I like to tell customers that the setback area is a non-buildable area and if they build in that area it is deemed as an encroachment aka violation because they are not complying with municipal law. And we all know what happens when you don’t follow the law you get in trouble. 

Typically there are five setback requirements which are front yard, rear yard, side yard, street side yard and landscape setbacks. Please note that some jurisdictions have additional setbacks that can be very complicated, but for the purposes of this blog we will keep it basic. 

Front Yard Setback

The front yard setback will be located in the front yard of your property and a good indication of the front yard is generally determined by two things: (1) the orientation of the front of your house and (2) the front of your house will be fronted by a street. Now there is an exception to this when your property is located on a corner lot which is fronted by two roadways. If this occurs then you will need to check with your jurisdictions planning department or read the definitions section of the Zoning Ordinance to determine what the jurisdiction considered to be the front yard for a corner lot. For the jurisdictions I have worked for if your property is fronted by two streets then the side of your property line that abuts the street and is the  shortest will be the front yard the other side will be considered your street side yard setback. But as I said you will need to check with your applicable planning department and/or zoning ordinance. 

Okay, but let’s say your property is situated between two houses; is therefore, not the corner lot, the front yard setback will be the minimum distance between the edge of your front property line and where the primary residence/structure is or will be built.

Rear Yard Setback 

The rear yard property line is the line most opposite of your front yard property line. Thus, the rear yard setback will be the minimum distance between the edge of your rear property line and where the primary residence/structure is or will be built. Please note that for some jurisdictions if an access easement, street right-of-way line, or alley extends into or through a rear yard, the measurement shall be taken from the nearest point or centerline of the access easement right-of-way line; or alley. To know for sure you will need to contact your local planning department or read the definition section of the zoning ordinance. 

Side Yard Setback

The side yard is the area between the primary residence or structure and the side lot line. It will extend from the front yard to the rear yard. Thus, the side yard setback will be the minimum distance between the edge of your side yard property line and where the primary residence/structure  is or will be built.

Street Side Yard Setback 

The street side yard setback will be taking from the  side lot line of a corner lot that is adjacent to a street. Thus, the street side yard setback will be the minimum distance between the edge of street side yard property line and where the primary residence/structure is or will be built.

Landscape Setback 

The landscape setback is identical to a land use or zoning setback in that it is an area that is unbuildable, however, the difference lies in that in this area landscaping and its appurtenances shall be installed. Reasons for a landscape setback vary, but generally where a non residential use such as a shopping plaza will abut a residential subdivision a landscaping setback will be required to aid in noise pollution, light and glare spilling over into residences backyards and obscene views to and from the commercial use. 

Please note that only true way to find your property’s property lines are to hire a land surveyor. A land surveyor will be able to survey your property to determine the exact locations of your front, side, street side, and rear property lines so you can measure your setbacks properly. 

Setbacks will be expressed in feet and may look like front yard setback is 20’, rear yard setback is 25’ and side yard setbacks are 5’ and street side yard setback is 10’ .

Lot Coverage 

Lot Coverage is the size of the footprint(s) of a building(s) and/or structure(s) on a lot divided by the size of the parcel, expressed as a decimal number or percentage. The lot coverage is used in calculating the intensity of use of a parcel for development project. For example a property that is zoned R1-6 (Urban Residential, 6,000 square foot lot) may have a lot coverage of 40%. Therefore, that means that 40 percent of the lot can be built on. That generally will include anything under a roof. So the primary residence or structure, accessory dwelling units, accessory detached structures which can include ramadas, covered canopies, and gazebos. To get specifics on this contact your local planning department. 

Floor Area Ratio (F.A.R.)

F.A.R. is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building is located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area). FAR is an effective way to calculate the bulk or mass of building volume on a development site, and is often used in conjunction with other development standards such as building heights, lot coverage and lot area to encourage a community’s desired arrangement and form of development. In this context, higher FARs indicate greater building volume.

Density 

Density is synonymous with dwelling units per acre; thus, is a development standard that is associated with residential projects/subdivisions. The dwelling units per acre is an estimation of how many residential houses will be permitted in each acre. Each residential zone district will have varying degrees on how many residences will be allowed per acre. For instance in the R1-6 zoning district 10 through 14 dwelling units may be allowed in one acre but in a more rural zone district like RR-45 (Rural Residential, 45,000 square foot lot) 1-3 residences will be allowed in an acre. To know what density your zoning district permits contact your local planning department or read your local zoning ordinance. 

Lot Size 

Lot size is pretty self explanatory right? The answer is yes, its the size of the lot in square feet and acres. But many jurisdictions break this down further into lot width and lot depth. The width is the shortest distance between the side yard property lines, between the required front and rear setback lines. The lot depth is the average distance between the front and rear property lines. Lastly the lot size can be expressed in gross and net square feet and acres. Gross lot size include the property area and right-of-way (ROW), roads, alleys, easements, Net lot size excludes ROW, roads, alleys, and easements and only includes the property buildable area. 

Building Height 

The building height is the vertical distance between finished grade and the highest point on the building, provided that the measured elevation does not include fill or berms. Please note that you will have to contact your local planning department  or read your local zoning ordinance to determine if architectural design features such as chimneys are included in the building height. 

Conclusion 

It is important to have a clear understanding of not only your property’s zoning district and what uses are permitted by right and with a special or conditional use permit , but it is extremely important to have a clear understanding of the development standards that are tied to the zone district. As we learned above this includes: setbacks, lot coverage, F.A.R. (floor area ratio), density, lot size, and building height. The last thing you want to do is, construct something on your property, and get cited by code enforcement due to not having a valid planning and building permit and because it wasn’t built to code. You will have a few options which include modify the structure/building to comply, tear it down or face going to court, getting fined and possible jail time.  So please become familiar with your applicable zoning development standards.

Did you find this blog helpful? If so, please let me know; and if you have any comments, questions, and/or concerns please do not hesitate to contact the Friendly Neighborhood Planner. 

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Everything you need to Know About a Zoning Variance

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Everything you need to Know About a Zoning Variance

You’re ecstatic because you have inherited a house from a relative. You have so many plans for the tiny home. First being making it larger of course. So you begin to mind map all the room additions you plan on adding such as a gourmet kitchen and a master bedroom and a theater room.  Therefore, you hire a contractor and he comes out to view the property to provide you with a cost estimate based upon the scope of work. 

You patiently wait in front of your new inherited home because today is the day the contractor is to come out. The contractor finally arrives and you have the biggest grin on your face. The contractor steps out of his vehicle and walks over to you with his hand extended; and as you reached out to shake his hand. He says, “I took the liberty to look up the zoning for this property; and first things first, based upon zoning and development standards associated with this property it looks like it is really zoned for multifamily. You perk up and your smile gets wider because it never crossed your mind that maybe you could add a whole another dwelling unit and become a landlord. 

The contractor sees the dollar signs in your eyes and says, “Oh no this property may be zoned for multifamily, but due to its inadequate size, it will not allow for a second dwelling unit or your additions since the additions will encroach into the side and rear yard setbacks… sorry to tell you but you will need to go down to the Planning Department and apply for a variance.”  All you can mouth is, “A what?”

What is a Variance

To put it simply, a variance is a request to deviate from the typical development standards associated with the current zoning requirements of a zoning district. If a variance is granted it allows a property owner to utilize the property in a manner that would not be permitted per the zoning ordinance if a variance was not granted. It is important to note that a variance is not a change in zoning law, but instead a waiver from specific development standards in the zoning ordinance. 

How do you Know if you need a Variance

The way to know if you need a variance is by simply contacting your municipal zoning or planning department if you plan on doing some development on your property that requires erecting a building or structure. You may be thinking what is the difference between a building and a structure and aren’t they the same? Technically, they are not the same although we use them interchangeably in the english vocabulary. A building is a structure that has a roof and walls and stands more or less permanently in one place. A structure on the other hand is used more broadly than building including natural and man-made formations and does not necessarily have walls. For example your house is a building and your fence that surrounds your property is a structure. 

Anytime you are planning on building on adding a structure to your property. It is best practice to contact the zoning or planning department to obtain your zoning district information, and specifically the development standards. The development standards include the following:

Setbacks 

In relation to land use and zoning a setback is the minimum distance which a building or other structure must be set back from a street, roadway, or property line. Setbacks are building restrictions imposed on property owners. Local governments create setbacks through ordinances and Building Codes, usually for reasons of public policy such as safety, privacy, and environmental protection. I like to tell customers that the setback area is a non-buildable area and if they build in that area it is deemed as an encroachment aka violation because they are not complying with municipal law. And we all know what happens when you don’t follow the law you get in trouble. 

Typically there are five setback requirements which are front yard, rear yard, side yard, street side yard and landscape setbacks. Please note that some jurisdictions have additional setbacks that can be very complicated, but for the purposes of this blog we will keep it basic. 

Front Yard Setback

The front yard setback will be located in the front yard of your property and a good indication of the front yard is generally determined by two things: (1) the orientation of the front of your house and (2) the front of your house will be fronted by a street. Now there is an exception to this when your property is located on a corner lot which is fronted by two roadways. If this occurs then you will need to check with your jurisdictions planning department or read the definitions section of the Zoning Ordinance to determine what the jurisdiction considered to be the front yard for a corner lot. For the jurisdictions I have worked for if your property is fronted by two streets then the side of your property line that abuts the street and is the  shortest will be the front yard the other side will be considered your street side yard setback. But as I said you will need to check with your applicable planning department and/or zoning ordinance. 

Okay, but let’s say your property is situated between two houses; is therefore, not the corner lot, the front yard setback will be the minimum distance between the edge of your front property line and where the primary residence/structure is or will be built.

Front Yard Setback Example. 

Rear Yard Setback 

The rear yard property line is the line most opposite of your front yard property line. Thus, the rear yard setback will be the minimum distance between the edge of your rear property line and where the primary residence/structure is or will be built. Please note that for some jurisdictions, if an access easement, street right-of-way line, or alley extends into or through a rear yard, the measurement shall be taken from the nearest point or centerline of the access easement right-of-way line; or alley. To know for sure you will need to contact your local planning department or read the definition section of the zoning ordinance. 

Rear Yard Setback Example

Side Yard Setback

The side yard is the area between the primary residence or structure and the side lot line. It will extend from the front yard to the rear yard. Thus, the side yard setback will be the minimum distance between the edge of your side yard property line and where the primary residence/structure  is or will be built.

Street Side Yard Setback 

The street side yard setback will be taking from the  side lot line of a corner lot that is adjacent to a street. Thus, the street side yard setback will be the minimum distance between the edge of street side yard property line and where the primary residence/structure is or will be built.

Landscape Setback 

The landscape setback is identical to a land use or zoning setback in that it is an area that is unbuildable, however, the difference lies in that in this area landscaping and its appurtenances shall be installed. Reasons for a landscape setback vary, but generally where a non residential use such as a shopping plaza will abut a residential subdivision a landscaping setback will be required to aid in noise pollution, light and glare spilling over into residences backyards and obscene views to and from the commercial use. 

Please note that the only true way to find your property’s property lines are to hire a land surveyor. A land surveyor will be able to survey your property to determine the exact locations of your front, side, street side, and rear property lines so you can measure your setbacks properly. 

Setbacks will be expressed in feet and may look like the front yard setback is 20’, rear yard setback is 25’ and side yard setbacks are 5’ and street side yard setback is 10’ .

Lot Coverage 

Lot Coverage is the size of the footprint(s) of a building(s) and/or structure(s) on a lot divided by the size of the parcel, expressed as a decimal number or percentage. The lot coverage is used in calculating the intensity of use of a parcel for a development project. For example a property that is zoned R1-6 (Urban Residential, 6,000 square foot lot) may have a lot coverage of 40%. Therefore, that means that 40 percent of the lot can be built on. That generally will include anything under a roof. So the primary residence or structure, accessory dwelling units, accessory detached structures which can include ramadas, covered canopies, and gazebos. To get specifics on this contact your local planning department. 

Lot Coverage Example. 

 

Floor Area Ratio (F.A.R.)

F.A.R. is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building is located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area). FAR is an effective way to calculate the bulk or mass of building volume on a development site, and is often used in conjunction with other development standards such as building heights, lot coverage and lot area to encourage a community’s desired arrangement and form of development. In this context, higher FARs indicate greater building volume.

FAR Example 

Density 

Density is synonymous with dwelling units per acre; thus, is a development standard that is associated with residential projects/subdivisions. The dwelling units per acre is an estimation of how many residential houses will be permitted in each acre. Each residential zone district will have varying degrees on how many residences will be allowed per acre. For instance in the R1-6 zoning district 10 through 14 dwelling units may be allowed in one acre but in a more rural zone district like RR-45 (Rural Residential, 45,000 square foot lot) 1-3 residences will be allowed in an acre. To know what density your zoning district permits contact your local planning department or read your local zoning ordinance. 

Lot Size 

Lot size is pretty self explanatory right? The answer is yes, it’s the size of the lot in square feet and acres. But many jurisdictions break this down further into lot width and lot depth. The width is the shortest distance between the side yard property lines, between the required front and rear setback lines. The lot depth is the average distance between the front and rear property lines. Lastly the lot size can be expressed in gross and net square feet and acres. Gross lot size includes the property area and right-of-way (ROW), roads, alleys, easements, Net lot size excludes ROW, roads, alleys, and easements and only includes the property buildable area. 

Example Lot Width & Depth

Example of Gross and Net Lot size

Building Height 

The building height is the vertical distance between finished grade and the highest point on the building, provided that the measured elevation does not include fill or berms. Please note that you will have to contact your local planning department  or read your local zoning ordinance to determine if architectural design features such as chimneys are included in the building height. 

If your proposed project makes it to where you will not be in compliance with one of the above aforementioned development standards then a variance request will be required to potentially deviate from their requirements. So for example, let’s say your property has side your setbacks of 10 feet on each side. That means from your property line measuring towards your house nothing can be built in that 10 feet area. If something is built in that area that is called an encroachment and is illegal per the zoning ordinance. As stated in a previous blog (insert blog) the zoning ordinance is law for a municipality, and not complying with it can garner you some consequences such as jail time. 

When do you know you have a Good Case for a Variance

When the strict interpretation of a zoning regulation, such as maintaining the required yard area, cannot be met because of an unusual situation, a Variance may be needed. For example, a property owner of a hillside lot finds that the required front yard building setback prohibits him from building a garage on the only flat part of his yard. All of the neighboring houses are built on flat lots and have garages. A Variance may be able to provide the relief needed from the strict adherence to the zoning standard so that the garage can be built.

What are the Requirements for a Variance

The specific requirements for a variance vary from municipality to municipality. However, for the purposes of this blog I will provide you with the requirements I as a planner have been accustomed to utilizing. First, you must obtain a variance application, fill it out and turn it in along with some documents. Documents includes: 

Project narrative/description – Written document that thoroughly explains your proposal. 

Findings Justification – Findings are a list of reasons, facts, or circumstances that you can make which allow a public hearing body to vote and approve a variance case. Typically findings include the following and can be found in your municipal zoning ordinance.

  1. Unique Circumstance. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. [A Variance can’t be granted for a self-imposed hardship.]
  2. No special privilege. That the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated. [The Variance is necessary to enjoy a basic property right available to other similarly-zoned properties in the vicinity.]
  3. No unauthorized use. That the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located. [A Variance cannot be granted to the Zoning Ordinance land use regulations.]
  4. No adverse impacts. That the Variance will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare.

Site/Plot Plan – A plot plan is an architecture, engineering, and/or landscape architecture plan drawing—diagram which shows the buildings, utility runs, and equipment layout, the position of roads, and other constructions of an existing or proposed project site at a defined scale

Citizen Participation

Another key component to obtaining a variance is conducting and completing citizen participation/citizen engagement/public participation. Citizen participation is a process that allows private individuals, private entities and/or other public municipalities an opportunity to voice their concerns, comments, opposition, and/or agreement to decision making bodies in the hopes of having influence over a proposed project. 

Depending on the jurisdiction, complexity or sensitivity of a project citizen participation can take the form of neighborhood notification letters or neighborhood meetings. Additionally, depending on the jurisdiction those that need to be notified of a variance request can be to the discretion of the assigned planner or it can be written in the zoning ordinance that notification will be sent to all properties located within300 feet of the proposed project site. 

Typically, citizens are alloted 2 weeks from the date of the letter to respond to the request for a variance. Response can be via telephone, email, and/or written letter to the assigned planner or to the applicant. This will ultimately depend on the jurisdiction on how this occurs. Lastly, you will also need to check with the jurisdiction on whether the planner or the applicant is responsible for conducting the citizen participation process. 

Who Makes the decision 

The Board of Adjustments (the name may be different in different states or cities), is responsible for making the final determination to approve, approve with conditions, postpone, or deny a project. The Board of Adjustment is a group of residents that are appointed by Council to hear variance requests and appeals of zoning code interpretations made by the Zoning Administrator/Planning Director. 

For variance requests, the Board may grant variances from, and exceptions to, the strict application of the Zoning Ordinance if a hardship exists as specified in State statutes and the Town/City/County Code. Because the Board acts in a quasi-judicial capacity, Board Members are prohibited from ex parte contact (contact without all parties present) on specific cases before the Board. Therefore, all communication from residents will be initially received by Town staff and provided to the Board and parties. A person aggrieved by a decision of the Board, may appeal the Board’s decision by filing a special action in the applicable County Superior Court- appeals are not to the Town/City/County Council. To add, as stated, above the Board’s decision shall be based on the findings listed above. 

Conclusion 

Before you purchase or take on the responsibility for a piece of property please do your due diligence and ensure that you will be able to do all the modifications and remodels your heart desires without needing a variance. Because it can be a long lengthy process that is not free. However, if you find that you will need a variance it is important to find and have adequate justification for a variance as a justification of you just want it will not fly. Remember a variance is deviating from city law and is not to be taken lightly. 

 

If you found this blog to be helpful please let me know by reading the next blog. If you have any additional comments, concerns, and/or questions please do not hesitate to contact the Friendly Neighborhood Planner.

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Zoning Basics

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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.

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How to Get Started in the Urban Planning Profession

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How to Get Started in the Urban Planning Profession

Do you have aspirations of invoking positive change by way of development projects? Are you excited about meeting with public officials, developers, and stakeholders? Do you look around and think of how you can contribute to the development of your community? Lastly, have you dreamed about the day where you can make a recommendation on a high profile or complex project during a televised public hearing? If you said yes to most of these then it is pretty clear that you would fair well as an urban planner. But, you are probably thinking was does it take to become one? Well, no worries I will provide a pretty clear description of what it takes to get your foot in the door. 

How Much Education is Necessary?

Research

First, let us ask if receiving a higher education is even necessary? To answer this question, the answer is it is subjective. You may be thinking what?! How and why? Simply you first need to determine what your end goal is. How far in this career do you want to go? You may be thinking well sheesh how am I supposed to know if I am not even in the profession yet. Well, to put it simply no matter what profession you go into, I find it wise to always do a little research on the profession. This can be done by reading articles, first hand accounts, watching videos, and even volunteering for a day in the profession so you can get firsthand experience. The last thing you want to do is enroll into college, spend tons of money and time on a degree only to realize this is not what you expected. So, the first education you need to receive is by researching is this really for you. 

Is higher education required?

An entry level position in the world of planning can either be as the following:

Planning/Zoning Technician – This is an entry-level paraprofessional position. According to dictionary.com paraprofessional is a person to whom a particular aspect of a professional task is delegated but who is not licensed to practice as a fully qualified professional.  Therefore,these employees devote a large amount of their time to administrative duties. 

 These duties include providing technical assistance to higher level staff and the general public (customers) in the administration of specific planning programs areas or ordinances. Technicians are also responsible for reviewing building/construction plans and zoning permit applications to assure compliance with requirements such as use and development standards (setbacks, density, lot coverage, height, etc.). They perform routine office tasks in designated program areas, including data entry, file management, copying and answering correspondence. Most importantly, technicians are tasked with a lot of research projects. 

The technician position at a minimum, requires the completion of an associate’s degree in urban planning, architecture, construction management, social sciences and/or related field. Two years of experience in plans review, zoning administration, building code issuance of surveying is also required. A bachelor’s degree is preferred and may substitute for two years of experience.

Junior Planner/Assistant Planner/Planning I – This is an entry-level professional position. It is distinguished from the Planning Technician position because it involves professional-level duties and judgment, and fewer routine administrative tasks. As a result, it can be assumed a little more education will be required. 

This position requires a bachelor’s degree in urban planning, architecture, public policy, and/or related area of education. Additionally one year of planning experience. However, in lieu of experience a master’s degree can be a substitute for experience. 

They develop planning studies and reports in support of new and updated plans, programs and regulations. These reports can be environmental assessments/ initial studies if you are an environmental planner or they can be in the form of a staff report. Responsible with reviewing or assisting in the review of moderately difficult development proposals and site plans for conformance with codes, plans, and regulations. One of the defining differences between a technician and this position is that a planner I/junior planner/assistant planner prepares and presents detailed reports on development proposals to government bodies. They are other tasks such as acting as a liaison between community groups, governmental bodies, developers and elected officials, but I will be here all day providing the various tasks. 

I think you now understand the subtle and not so subtle differences, and that technicians have a bit more administrative tasks which will prepare you for the next step whereas as entry level planner is now tasked with getting into the meat of the profession. Nonetheless, in order to begin your paraprofession or professional planning career you will need an associates or bachelors degree. 

How do you obtain Entry Level Experience to Start an Entry Level Position?

You may be questioning how are you supposed to get experience for an entry level position? It seems absurd right? Well, it really isn’t and I agree that some experience is needed beforehand. This beforehand experience comes through an internship or by simply volunteering. I can tell you right off the bat that I did a two year internship and guess what it was unpaid! Yes, they did not provide me with a penny. You may be thinking that I was crazy and yes I was. 

But, there was a specific reason why I took on a two year internship without getting money. The simple answer is I was a sophomore transitioning to a  junior in college when the great recession first hit in 2007 and I graduated during the recession in 2009. Therefore, I had no option, but to bite the bullet and hope that future employers would see my dedication to keep going to my internship even after I graduated (even though I was broke) as heroic and something they would deem as valuable and not stupidity.

 I will let you all in on a secret. I at one point found a job after graduation as a technical writer for private water conservation company, and of course quit my internship. But, the recession was not like oh you thought I was done wrecking havoc? It hit my water conservation job as well! This led to me being furloughed on Monday’s. I could have easily said yaaay I am 22, I will party this day away or just sleep, but what did I do instead? I went back to my internship and said hey I am furloughed on Monday’s can I start coming back in just on Monday? I was working my regular job, doing an internship on Monday, and started going back to school at night to obtain a certificate in GIS.   And you know what every time I do an interview and tell that story of me persevering through it, interview panels eat it up. I pretty much always land each job I apply for and I believe my internship story has a lot to do with it. 

The internship level in the planning profession often represents the first practical stage for a prospective planner. Successful internships yield valuable insight and practical knowledge for students as they refine their educational and career paths. Some of the more valuable knowledge you will obtain is office etiquette and how to deal with multiple personalities in the office. 

Many internships are unpaid like mine was way back then, but they offer a wealth of opportunities for students, such as college credit or the possibility for permanent employment with the organization upon graduation. Please note that accepting a paid internships versus unpaid will depend on different variables such as the state of the economy, what year in college you are in, the geographical location, the culture of the workplace, etc. But, please remember interns usually are more marketable as they search for permanent employment because of their additional experience in the planning profession.

So, yes, get an internship and get one as early as possible. This will allow you not only to get prepared for an entry-level planning possible, but it will tell you early on if this is the career path for you.  

Conclusion

To wrap this up, if you are interested in becoming a planner please start your research which are doing if you are reading this blog (good job). Get hands on experience through an internship or by volunteering. With regards to education an associates degree or bachelor’s degree will suffice in the early years. I for one only have a bachelor’s degree and have been thriving but I believe that is because I consider myself to be a generalist planner and have no problem molding and evolving as the profession evolves (we will get into that later). 

Nonetheless, if you found this information to be valuable please let me know by checking out an additional blog. If you have any comments, questions, and/or concerns please do not hesitate to contact the Friendly Neighborhood Planner.

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