A TYPICAL ZONING ORDINANCE ARTICLE I PURPOSES [ZONING ORDINANCES

!TABLE 3 MAX2654 TYPICAL SCATTERING PARAMETERS VCC+30V TA+25OC !FREQ
1 UNIFIED CLASSIFICATION AND PROPERTIES OF SOILS TYPICAL NAMES
A SUMMARY OF TYPICAL ENVIRONMENTAL HEALTH AND SAFETY FUNCTIONS

A TYPICAL DAY INTHE LIFE OF VICTORIA FONTANA 1
A TYPICAL LESSON PLAN A TYPICAL LESSON LASTS 45
A TYPICAL ZONING ORDINANCE ARTICLE I PURPOSES [ZONING ORDINANCES

A TYPICAL ZONING ORDINANCE

A TYPICAL ZONING ORDINANCE


Article I. Purposes

[Zoning ordinances often include a statement of purpose, which helps ensure favorable judicial interpretation by stating the zoning policy of the community, although many ordinances for small communities squander this opportunity by merely repeating as “boilerplate” the “purpose” language from the state enabling act.]


Article II. Definitions

Building. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons or property.

Dwelling. A house or other building designed for occupancy by one family.

Family. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than 6 unrelated persons living together as a single housekeeping unit in a dwelling. [Do you see any constitutional problems with this definition? — Eds.]

Home Occupation. An accessory occupational use conducted entirely within a dwelling which is clearly incidental to the use of the dwelling for residential purposes and does not change the residential character of the use.

Lot. A piece or parcel of land in one undivided ownership.

Nonconforming Use. A lawful use of any building, lot or sign that does not conform with the currently applicable regulations of this ordinance but which complied with these regulations at the time the use was established.

Sign. Any device or free-standing structure used for purposes of advertising or display. [Refer back to this definition when you consider sign regulation later in the casebook.]

Yard. A space on the same lot with a principal building which is open, unoccupied and unobstructed by buildings or structures from 30 inches above the ground level upwards.

[Are there too many definitions? Too few? Most zoning ordinances have many more definitions. What other words might be defined?]


Article III. Establishment of Districts


Section 1. Types of Districts.

The Village of ____________ is divided into the following three districts:


A. A Residential District


B. A Multi-Family District


C. A Neighborhood Retail District

[Sections 2 and 3 require a zoning map and state rules for determining district boundaries at street and lot lines.]


Article IV. District Regulations


Section 1. Application of Regulations.

A. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved, or altered unless in compliance with all of the regulations applicable to the district in which it is located. All other uses, buildings, and structures are prohibited.

B. No building or other structure shall hereafter be erected or altered:

1. to exceed the height; or

2. to accommodate or house a greater number of families; or

3. to occupy a greater percentage of lot area; or

4. to have narrower or smaller rear yards, front yards or side yards than required by the provisions of this ordinance.


Section 2. Residential District.

[This is a typical text that would be used for the SR-3 district in the zoning format reproduced infra, or for the SR district on the zoning map, also reproduced infra. Home occupations are also discussed infra.]

A. Principal Uses.

1. Single-family dwelling.

2. Parks, playgrounds and parking areas, if publicly owned.

B. The Following Accessory Uses, if located in the same lot with the permitted principal use.

1. Private garage with capacity for not more than two (2) motor vehicles.

2. Home occupations.

3. Other customary accessory uses and buildings incidental to the principal use.

C. Advertising Signs. One sign advertising the sale or rent of the land or buildings upon which it is located not to exceed three (3) square feet in area. [Is this provision constitutional?]

D. Conditional Uses, if authorized by a conditional use permit as provided in Section 6, Article IV.

1. Churches, synagogues or similar places of worship; rectories and parish houses. [Does this treatment of religious uses raise constitutional questions?]

2. Community meeting halls and lodges and private clubs not conducted primarily for profit.

3. Nurseries and day care centers for pre-school children, if not conducted in a dwelling.

E. Lot Area and Width. Lots must be not less than 6000 square feet in area and not less than 75 feet in width.

F. Percentage of Lot Coverage. All buildings including accessory buildings, porches, breezeways and roof projections shall cover not more than 30 per cent of the area of the lot.

G. Building Height.

1. Two and one-half stories, but not exceeding 35 feet, for single-family dwellings.

2. The maximum height for accessory buildings is 18 feet.

H. Minimum Ground Floor Area Per Dwelling.

1. One-story dwellings: 1200 square feet.

2. Dwellings having more than one story: 700 square feet on each story.

I. Yards for Single-Family Dwellings.

1. Front yard depth: 35 feet.

2. Side yard width: 5 feet.


Section 3. Multi-Family District.

[If a separate district for apartment development is provided, the regulations may look very much like the regulations for the single-family residential district except that the numbers may be changed. Just how they will be changed is another matter. The zoning format, reproduced infra, provides some examples. The minimum lot area required for the apartment site may be increased, while an area requirement for each dwelling unit in the apartment complex may be added but will probably be less than the area requirement for dwelling units in the single-family districts. Side and other perimeter requirements for apartment developments may be increased.

[This approach is the conventional treatment. It implies a separation of single-family and apartment developments into separate “use” districts. We cannot explore all of the complexities here, but several problems come to mind. Why treat apartments and single-family dwellings as separate uses? Since, as we have suggested (see Note 7 following Euclid in Ch. 2), the real problem is density and site control, why not write the ordinance in these terms? Is the zoning envelope treatment for single-family dwellings, which contemplates one dwelling unit for each lot, really adaptable to apartment developments? — Eds.]


Section 4. Neighborhood Commercial District.

[This is a typical text that would be used for the NC district in the zoning format reproduced infra, or for the NC district on the zoning map, also reproduced infra.]

A. Principal Uses.

1. Retail stores, including but not limited to bakeries, florists, gift shops, stationery stores, and liquor stores.

2. Restaurants, other than drive-in establishments. [Is this a legally acceptable distinction?]

3. Offices for individual businesses and services, including but not limited to attorneys, dentists, barbers and beauticians, travel and insurance agencies, and real estate and investment brokers.

B. Accessory Uses. Uses and structures customarily incidental and accessory to principal uses and structures.

C. Conditional Uses, if authorized by a conditional use permit as provided in Section 6, Article IV.

1. Gasoline filling stations.

2. Car wash facilities.

3. Convenience grocery stores if less than 5000 square feet in area. [Is this conditional use permissible? This question is considered in Chapter 5.]

D. Advertising Signs.

1. One non-illuminated wall sign, not to exceed one square foot of sign area for each lineal front foot of building frontage, but not in excess of 100 square feet in sign area. [Is this good aesthetic control?]

2. One non-illuminated ground sign, not to exceed 12 square feet in sign area, and to be set back a minimum of 50 feet from the property line.

[The ordinance also requires a minimum lot area of 5000 square feet and a minimum lot width of 50 feet, but does not contain setback requirements except for a minimum setback of ten feet adjacent to any street.]


Section 5. Off-street Parking.

A. Requirements.

1. Dwelling (Residential). A minimum of one parking space for each dwelling.

2. Multi-family residential. A minimum of two parking spaces for each dwelling unit, except that for age-restricted developments (minimum age 65) a minimum of one parking space for each dwelling unit.

3. Restaurant. A minimum of one parking space for each five seats in accordance with designed capacity.

4. Retail stores. At least one parking space for each sixty square feet of floor area.

B. Parking Space Standards. [The ordinance requires an all-weather, dustfree material and located on the same lot with the building or in a dedicated but unaccepted roadway and an area of not less than nine by twenty square feet.]


Section 6. Conditional Use Permits.

A. Procedure.

1. An applicant for a conditional use permit shall submit a plan to the Plan Commission which shall indicate the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and storm and sewage drainage facilities.

2. The Plan Commission shall give notice of a public hearing to be held on an application for a conditional use permit within 60 days after its receipt. [These are minimal procedures. Should more be required?]

3. Within 30 days after the public hearing, the Plan Commission may grant or deny the conditional use permit and shall state reasons for its decision. In granting the conditional permit, the Plan Commission may permit the use subject to such reasonable conditions as it may impose. These conditions may contain such requirements for improving, maintaining, operating, and screening the conditional use as will protect the character of the surrounding property.

B. Standards Applicable to Conditional Uses. The Plan Commission shall apply the following standards when it decides whether to grant or deny a conditional use:

1. Compatibility with existing or permitted adjacent uses.

2. The effect of the conditional use on vehicular and pedestrian traffic in the vicinity.

3. The adequacy of adjacent sewer, water and other community facilities to serve the conditional use.

4. The adequacy and convenience of off-street parking and loading facilities.

[Do you see a difference between the fourth standard and the other three? What do you suppose is the justification for regulating the external impacts of a conditional use? Internal design?]


Section 7. Nonconforming Uses.

A. A nonconforming use may not be changed except to a use permitted in the district in which it is located. A nonconforming use may be repaired or maintained in an amount not exceeding twenty percent of the value of the nonconforming use.

B. If a nonconforming use is destroyed in an amount in excess of fifty percent of its value at the time of destruction it may not be reconstructed except in compliance with the provisions of this ordinance.

C. If a nonconforming use is discontinued for six consecutive months it may not be resumed except in compliance with the provisions of this ordinance.

D. A nonconforming use must be discontinued within five years of the date on which it became a nonconforming use.

[What is the effect of these provisions on nonconforming uses? Do you see any problems with Paragraph D? As applied to a sign? As applied to a nonconforming grocery store in a residential district?]

Article V. Administration and Enforcement


Section 1. Administration.

[This section provides for the appointment of a Zoning Officer to enforce the ordinance and the issuance of a Certificate of Occupancy that states the use or occupancy complies with the provisions of the ordinance. A separate ordinance requires a building permit.]


Section 2. Board of Zoning Appeals.

A. Creation. A Board of Zoning Appeals is hereby established, which shall consist of five (5) members to be appointed by the Village Council as prescribed by statute.

B. Procedure. Reference is hereby made to the applicable sections of the Zoning Act for the provisions governing procedures before the Board of Zoning Appeals. The Board shall adopt any additional rules necessary to the conduct of its affairs.

C. Interpretation. On an appeal by the Zoning Commissioner, the Plan Commission, the Village Council, or any other person aggrieved, the Board of Zoning Appeals shall decide any question involving the interpretation or administration of this ordinance.

D. Variances. The Board of Zoning Appeals may vary or adapt any provisions of this ordinance. The Board shall not grant a variance to allow a use not permitted by the terms of this ordinance. The Board shall not grant a variance unless it makes positive findings of fact on all of the following:

1. That the lot is exceptionally irregular, narrow, shallow, or steep, or that the land, or building, or structure is subject to other exceptional physical conditions peculiar to it;

2. That the application of the provisions of this ordinance to the land, building, or structure would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land, building, or structure;

3. That the granting of the variance will be in harmony with the general purposes and intent of this ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

E. Conditions. When allowing any appeal, or when granting any variance, the Board of Zoning Appeals may prescribe any conditions that it considers necessary or desirable.

[Is the prohibition of “a variance to allow a use not permitted by the terms of this ordinance” consistent with the provision as to variances in § 7 of the Standard Zoning Act? If not, can the village adopt it in a state using SSZEA?]


Section 3. Enforcement. [Omitted.]




ABBREVIATED CORE RMP FOR BISPHOSPHONATES AND ATYPICAL FEMORAL FRACTURES
ADULT ATTACHMENT QUESTIONNAIRE (AAQ) PLEASE INDICATE HOW YOU TYPICALLY
ANEMIA ANEMIA A TYPICAL PATHOLOGICAL PROCESS OF RED BLOOD


Tags: article i., district?] article, [zoning, purposes, ordinances, typical, zoning, ordinance, article