Fire Department

Citizen’s Planning Academy September 18, 2008

Introductions and Welcome • Introduction of Staff • Introduction of Citizens • Introduction of Commission Chairpersons

About Your Fellow Students

Class Schedule • September 18, 2008 (Introduction/Planning History) • September 25, 2008 (Regulatory/Long Range Planning) • October 9, 2008 (Planning Commission Meeting) • October 16, 2008 (Mock Planning Commission) • October 30, 2008 (University/City Relations) • November 6, 2008 (Guest Speakers)

What Is Planning • Open discussion

What Is Planning • Open discussion

Specialized Field’s for Planners · · · · · · · · · · · · · · ·

Urban design Landscape design and management Impact assessment Community planning Cultural planning Heritage protection and management Transport planning Development planning Urban, regional and rural development Management of agricultural and rural areas Park planning and design Nature conservation and management Environmental management Tourism planning Local economic development

Planning Powers and Legal Authority

The Police Power The police power is the right of a government to take such actions as are deemed necessary to protect, preserve, and enhance the public safety, health, and welfare.

The Developmental Potential of the Police Power Constructive use of the police power allows a city to be…  Proactive: to address current problems  Preventive: to act now to avoid future problems  Prospective: to plan and act to achieve future goals

The Police Power

Common examples of Police Power include: • Safety Regulations • Vice Laws • Traffic Laws • Real Property Regulations – Zoning – Subdivision Controls – Building Codes

The Constitutional Basis for Exercising the Police Power Federal Constitution State Constitution Common Law case law which creates precedents that over time form the basis for

Statutory Law legislation that defines the mandatory and discretionary powers of local governments

LEGAL PRINCIPLES ENABLING LEGISLATION MUNICIPAL PLANS AND REGULATIONS THAT INFLUENCE THE USE OF PROPERTY

Constitutional Basis for Municipal Planning Bill of Rights 10th Amendment • The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Local governments derive their authority to plan and regulate from the delegation of the police power.

Famous Court Cases • Village of Euclid v. Ambler Realty – Establishes zoning as a valid police power of local governments

• Pennsylvania Coal Co. v. Mahon – Regulation of land use might be a taking of property

• Penn Central Transportation Co. v. City of New York – Established historic preservation as a valid use

• Tennessee Valley Authority v. Hill – Created the modern Endangered Species Act to protect the Snail Darter

• Nollan v. California Coastal Commission, • Dolan v. City of Tigard, – Land use regulations must be related to a public interest (Nollan) and should be “roughly proportionate” between the development impact and conditions (Dolan)

• Kelo v. New Loundon

Alabama Planning Enabling Legislation An act allowing cities to adopt zoning regulations was passed by the legislature in 1923. This provision was incorporated into the general legislation in 1935. Largely based on the Standard State Zoning Enabling Act published by the U.S. Department of Commerce Articles 1, 2, 3, and 4 were adopted in 1935 and codified as Title 37, Chapter 16, Code of Alabama, 1940. Title 37, Chapter 16, was re-codified as Title 11, Chapter 52, Code of Alabama, 1975.

Code of Alabama, 1975, as Amended Title 11 Counties and Municipal Corporations Chapter 52 Planning, Zoning, and Subdivisions Article 1. General Provisions Sections 11-52-1 through 11-52-15 Article 2. Control of Subdivisions Sections 11-52-30 through 11-52-36 Article 4. Zoning Sections 11-52-70 through 11-52-84

Section 11-52-2 A city is authorized to formulate, adopt, and implement a municipal plan. A city is authorized to create and empower a planning commission.

Source: www.pedbikeimages.org

Section 11-52-70 A city may divide the territory within its corporate boundary into business, industrial and residential zones. A city may regulate the use of structures and improvements in such zones. A city may from time to time adjust the boundaries of the zones. These powers are implemented through appropriate ordinances.

Section 11-52-71 DD-H

LA KEVIEW DR

The number, shape and area of zoning districts may be determined as best to carry out the purpose of the ordinance.

DD

NC-8

NC-8

NC-8

NC-8 NC-15

NC-8 NC-5 ALAN AV

NC-8

NC-5

Regulations shall be uniform among specified uses within each type of district. NC-5

NC-5

NC-5

Regulations may differ among the various types of districts.

EASTWO OD ST

GREE N ST

NC-8

CONE ST

MCKINL EY AV

OR

NC-8

SH

NC-8

KE

Within each district the city may regulate and restrict the erection, construction, reconstruction, alteration or repair of structures or land.

LA

E MAGNOLIA AV

NC-15

C AR TER S

T

NC-15

OLD MILL RD NC-15

Section 11-52-73 Source: www.pedbikeimages.org

Source: www.pedbikeimages.org

The Council is empowered to regulate and restrict the height and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards and other open spaces, the density of population, and the location and use of buildings and structures. Source: www.pedbikeimages.org

Section 11-52-77 Adoption of zoning regulations must comply with the statutory procedures for the adoption of ordinances. No ordinance shall become effective until a public hearing has been held at which parties at interest and citizens have had an opportunity to be heard.

Section 11-52-1

A subdivision is the division of a lot, tract, or parcel of land into two or more lots, plats, sites or other divisions for the purpose, immediate or future, of sale or development.

Section 11-52-30 The territorial jurisdiction for a Planning Commission for subdivisions shall include the land within the corporate boundary plus all land within five miles of such boundary. No subdivision plat shall be recorded, and no property referenced to such plat shall be sold, until it has been approved by the County Engineer. If there is a conflict between the regulations of the city and those of the county, the most restrictive of the regulations must be applied.

Section 11-52-31 The Commission shall adopt and administer regulations governing the subdivision of land within its jurisdiction. Such regulations may establish standards for the design of the layout of the subdivision and for the installation of improvements. Such regulations shall be adopted as if they were an ordinance. A copy of the adopted regulations shall be certified to the Probate Judge.

Section 11-52-31 (Continued) The approval process may require prior submission of a preliminary plat. Approval of such plat is tentative and revocable. Following final approval of a plat the commission may accept a bond in lieu of completion of all improvements. Such bond is secured to the city and can be enforced by all legal and equitable remedies.

Boards and Commissions • Planning Commission • Board of Zoning Adjustment • Historic Preservation Commission

Planning Commission The municipal Planning Commission consists of nine members. The Mayor shall serve or appoint a representative on the commission. The term of each appointed member is six years. The terms are staggered to maintain institutional knowledge. All members of the commission serve without compensation.

Planning Commission Regulated by Section 11-52-15 of the Code of Alabama The Mayor appoints eight citizens to the Commission subject to Council approval. Other than the mayor, no other elected official shall serve upon the Commission. No employee of the city shall serve upon the Commission.

Duties of the Planning Commission •

The Planning Commission, in cooperation with the Planning Director and staff, shall study land use and development trends, collect data and analyze such information with regard to future development of the City of Auburn.

•

The Planning Commission shall study and report on all proposed amendments to the text of this Ordinance referred to it by the City Council. When reviewing any such proposed amendments, the Planning Commission shall, within 45 days of receipt of same from the Planning Director, submit its recommendations and findings to the City Council.

•

The Planning Commission shall study and report on all proposed amendments to the Official Zoning Map, the procedure for which is contained in Section 906 of this Article.

4. The Planning Commission shall review and approve, or approve with conditions, all site plans submitted to it by the Planning Director in accordance with Section 802.

Duties of the Planning Commission •

The Planning Commission shall hear all applications for conditional use permits and shall make a report and recommendation to the City Council in accordance with Section 803.

•

The Planning Commission shall cause the posting of notice in the form of a sign on property that is subject to a public hearing for conditional use permit or rezoning.

•

The Planning Commission shall review the character, location, and extent of any street, square, park or other public way, ground or open space or public building or structure or major utility project whether publicly or privately owned, in accordance with Section 11-52-11 of the Code of Alabama of 1975, as amended.

•

The Planning Commission shall analyze the extent to which development has occurred in Auburn as compared to the projected growth and make recommendations for change to the future land use plan and the zoning map of the City of Auburn, as needed, to accommodate the expected 20 year growth of Auburn for residential, industrial, commercial, and other land uses.

9. The Planning Commission shall analyze the continued validity of any other regulations imposed by this Ordinance in terms of changing conditions.

Planning Decisions and Responsibilities Related to the Zoning Ordinance Responsibility Action

Staff

Planning Commission

Consider Text Amendment

Recommend to Planning Commission

Hold Public Hearing Recommend to City Council

Consider Map Amendment

Recommend to Planning Commission

Consider Permitted Uses

Make Decision

Consider Conditional Uses

Recommend to Planning Commission

Hold Public Hearing Recommend to City Council

Hold Public Hearing Make Decision

Consider Designation of PDD

Recommend to Planning Commission

Hold Public Hearing Recommend to City Council

Hold Public Hearing Make Decision

Consider Master Development Plan

Recommend to Planning Commission

Hold Public Hearing Recommend to City Council

Consider Requests for Administrative Appeals

Refer to BZA

Hold Public Hearing Make Decision

Consider Variance Requests

Refer to BZA

Hold Public Hearing Make Decision

City Council

Board of Zoning Adjustment

Hold Public Hearing Make Decision Hold Public Hearing Make Decision

Planning Decisions and Responsibilities Related to the Subdivision Regulations Action

Responsibility Staff

Planning Commission

Consider Text Amendment

Recommend to Planning Commission

Hold Public Hearing Make Decision

Consider Lot Layout

Make Decision

Consider Preliminary Plat

Recommend to Planning Commission

Hold Public Hearing Make Decision

Consider Final Plat

Recommend to Planning Commission

Make Decision

Consider Waiver Requests

Recommend to Planning Commission

Make Decision

Consider Extending Approvals

Recommend to Planning Commission

Make Decision

Consider Administrative Plats

Make Decision

City Council

Accept Streets and Easements

Planning Decisions and Responsibilities Related to the Miscellaneous Actions Responsibility Action Staff

Planning Commission

Consider Annexation Petition

Recommend to Planning Commission

Recommend to City Council

Hold Public Hearing Decision

Make

Statutory Review

Recommend to Planning Commission

Recommend to City Council

Hold Public Hearing Decision

Make

Street Naming

Recommend to Planning Commission

Recommend to City Council

Street Vacation

Recommend to Planning Commission

Recommend to City Council

Amend Bylaws

Recommend to Planning Commission

Make Decision

City Council

Make Decision

Hold Public Hearing Decision

Make

Planning Commission Options under the Ordinance Recommendations to City Council Action

Approve

Approve with Conditions

Disapprove

Amend Text

Proposed amendment is drafted and approved for transmission to the City Council. In some cases it may include alternates for the Council to consider.

Amend Map

This involves rezoning property. If the requested zone is appropriate, no adverse impacts, consistent with the City's development policies a recommendation for approval is appropriate.

THIS IS NOT AN OPTION. Either the requested zone is appropriate for the location or it is not.

A recommendation to disapprove must be supported with reasons.

Conditional Use

If a a proposal meets all the requirements of the Ordinance and has no adverse impacts this is a proper action.

Conditions that ameliorate any adverse impact can be attached to a positive recommendation. Such conditions should be reasonable, within the limits of the Ordinance, and not onerous.

A recommendation to disapprove must be supported with reasons.

Designation of PDD

If all the requirements of the Ordinance are met and there are no outstanding problems this is an appropriate action. This is essentially an overlay zone and the critical factor is the Master Development Plan.

There is more scope for conditions for a PDD than a conditional use. But the must be reasonable, and related to the purposes of the Ordinance.

A recommendation to disapprove must be supported with reasons.

Master Development Plan

Should be subject to strict scrutiny to ensure compliance with the letter and intent of the Ordinance.

The MDP is the critical element in a PDD and both broad and detailed conditions may be considered.

A recommendation to disapprove must be supported with reasons.

Planning Commission Options under the Zoning Ordinance Planning Commission Makes Decision Actions

Waivers and Extensions

Approve

Approve with Conditions

Disapprove

If requests are reasonable this is an appropriate action.

Limits can be placed upon either of these requests.

A recommendation to disapprove should be supported with reasons.

Planning Commission Options under the Subdivision Regulations Planning Commission Makes Decision Actions

Approve

Approve with Conditions

Disapprove

Amend Text

Draft proposed amendments, hold public hearing, and adopt

Not applicable.

Not applicable.

Preliminary Plat

If the subdivision complies with all provisions of the regulations this is the proper action.

This is appropriate if the subdivision basically complies with the provisions of the regulations but needs some modifications to achieve full compliance.

Final Plat

If the plat conforms to the approved preliminary plat, and any conditions placed on the preliminary plat have been met this is the proper action.

This is appropriate as long as the conditions are minor.

Waivers and Extensions

Approval is appropriate if the waiver is minor.

Conditions may be appropriate to limit the extent of a waiver and avoid setting a precedent.

Extension

Approval is appropriate if the time period is reasonable and applicant provides justification.

Conditions may be appropriate.

ANY DISAPPROVAL OF A SUBDIVISION PLAT MUST BE SUPPORTED BY SUBSTANTIVE REASONS.

Board of Zoning Adjustment The Council may appoint a Board of Adjustment. This is usually accomplished through the zoning ordinance. The Board shall consist of five members and two supernumerary (alternate) members. The term of office of both members and alternates is three years. All members shall be electors of the city.

residents and

Board of Zoning Adjustment The purposes of the Board are: • Governed by Section 11-52-80 of the Code of Alabama • To hear appeals from a decision of an administrative official acting under the authority of the zoning ordinance. • To authorize variances from the provisions of the zoning ordinance in specific situations where literal enforcement of the zoning ordinance would result in unnecessary hardship.

Board of Zoning Adjustment In exercising its powers the Board has the authority to impose conditions as part of its decision. The concurring vote of four members is necessary to reverse or modify the decision of an administrator or to approve a variance. Any action taken by the Board shall not adversely impact the spirit of the ordinance or the general welfare of the city.

Criteria for Granting a Variance 1. The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this Ordinance on the district in which it is located and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare. 3. The granting of the variance will not permit the establishment of any use which is not permitted in the district. 5. There must be proof of unique circumstances: there must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the district, and which circumstances or conditions are such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of such land or building.

Criteria for Granting a Variance 1. There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this Ordinance; it must be suffered directly by the property in question; and evidence of other variances granted under similar circumstances shall not be considered. 2. That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board of Zoning Adjustment is the minimum variance that will accomplish this purpose.

Criteria for Granting a Variance 1. That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood. 3. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district.

Appeals to the Board of Zoning Adjustment •Regulated by Section 11-52-81 of the Code of Alabama •Any party aggrieved by a decision of the Board may appeal such decision to the Circuit Court. •The appeal must be filed in writing within 15 days of the Board’s decision. •A transcript of the Board’s proceedings must be submitted to the Court. •The Court action is a trial de novo.

Historic Preservation

Issues • • • • • • • •

What is Historic Preservation and its purpose? Basic Approaches to Historic Preservation Milestones in Preservation Legal Basis: Federal, State and local law Creation of HPC Membership, terms, responsibilities Historic District and Design Review Standards Activities of the HPC

What is historic preservation? Historic Preservation – an endeavor that seeks to preserve the ability of older (e.g., "historic") objects to communicate an intended meaning. http://en.wikipedia.org/wiki/Historic_preservation

www.brotherswar.com/Gettysburg-Day-3Pic-9.htm

Purpose To promote the educational, cultural, economic and general welfare of Alabama municipalities Section 11-68-1, Alabama State Code

How purpose is accomplished • Through the preservation and protection of buildings, sites, structures, areas and districts of historic significance and interest; • Through the preservation and enhancement of the national, state and local historic, architectural, archaeological and aesthetic heritage found in Alabama; and • Through the promotion and enhancement of Alabama's historic and aesthetic attraction to tourists and visitors. Section 11-68-1, Alabama State Code

Basic approaches Documentation • • • •

Historic American Buildings Survey (HABS) Historic American Engineering Record (HAER) Historic American Landscapes Survey (HALS) Cultural Resources Geographical Information System Facility (CRGIS)

Basic approaches Designation of individual sites or resources

Basic approaches • Creation of Districts

Basic approaches Preservation Easements A preservation easement is a private legal interest conveyed by a property owner to a preservation organization or to a government entity

Brevard Court and Latta Arcade, Charlotte NC, http://westnorth.com/category/chicagoland/

Milestones in Preservation • • • • • • • • • • • • •

• •

1813 - Philadelphia State House (Independence Hall) saved from demolition. 1853 - Mount Vernon Ladies' Association formed to save Mount Vernon. 1872 - Yellowstone National Park made a federally protected area 1889 - First national funding for historic preservation, Congress appropriated $2,000 to preserve Casa Grande ruin in Arizona. 1906 - Antiquities Act passed, the country's first national preservation legislation, designating national monuments on federal land and establishing penalties for destroying federally owned sites. 1916 - National Park Service established to deal with areas too large to be preserved privately 1926 - John D. Rockefeller, Jr. begins funding the restoration of Williamsburg, Virginia. 1929 - Henry Ford establishes Greenfield Village. 1931 - Charleston, South Carolina’s “Old and Historic District," the country's first designated historic district. 1933 - Historic American Buildings Survey (HABS) authorized by President Roosevelt. 1935 - Historic Sites Act passed by Congress to establish historic preservation policy; it "established policy ...to preserve for public use historic sites, buildings and objects of national significance for the inspiration and benefit of the people of the United States." 1949 - National Trust for Historic Preservation established by Congressional Charter to provide coordination between Public and Private sector. 1966 - National Historic Preservation Act passed; major provisions established preservation roles for federal, state and local levels of government. It also established the National Register of Historic Places, the concept of historic districts, and the Advisory Board on Historic Preservation. 1976 - Tax Reform Act removed incentive for demolition of older buildings. 1978 - Revenue Act established investment tax credits for rehabilitation of historic buildings. http://www.emich.edu/public/geo/history.html

Legal Basis for Preservation Federal

Congress and President

State

Legislature

Local

City Council

•1872 - Yellowstone National Park made a federally protected area, leading to interest in protecting southwestern adobe dwellings. •1889 - First national funding for historic preservation, as Congress appropriated $2,000 to preserve Casa Grande ruin in Arizona. •1906 - Antiquities Act •1916 - National Park Service established •1933 - Historic American Buildings Survey (HABS) authorized by President Roosevelt. •1935 - Historic Sites Act •1949 - National Trust for Historic Preservation established by Congressional charter •1966 - National Historic Preservation Act •1976 - Tax Reform Act •1978 - Revenue Act

Legal Basis for Preservation Federal

State

Congress and President

Legislature

Title 11, Chapter 68, State Code of Alabama Historic Preservation Commissions and Architectural Review Boards

Local

City Council

Legal Basis for Preservation Federal

Congress and President

Chapter 2, Division 5, City Code of Auburn Historic Preservation Commission

State

Local

Legislature

City Council

Key ordinances:  March 2, 1999 – Ordinance 1818 – Establishment of the Historic Preservation Commission  June 21, 2005 – Ordinance 2302 – Added the procedures for the recommendation and designation of historic districts and properties  March 21, 2006 – Ordinance 2377 – Created the North College Historic District, Established Certificates of Appropriateness as a preservation tool, the mapping of Historic District boundaries is part of the Official Zoning Map, set forth legal authority

Historic Preservation Commission • If a city opts to enact a preservation ordinance, it must create a Historic Preservation Commission (11-68-2, AL State Code ) • A non-profit government entity (11-68-4, AL State Code ) • The Commission can employ professional, technical, office and other personnel as necessary (11-68-3, AL State Code ) • Appeals go to Circuit Court (11-68-10, AL State Code )

HPC Membership • Seven citizens • Resident of a historic district property OR Demonstrated training or experience in fields of history, architecture, architectural history, urban planning, archaeology, or law • Nominated by Mayor • Appointed by Council • 3 Year Terms (original terms were staggered)

Members of the HPC Beginning of Term

Expiration of term

Susie Thomas

2006

04/20/2009

Carol Pittard

2003

04/20/2009

Anne Tamblyn Shaw

2004

04/20/2010

Daniel W. Hollis, III

2006

04/20/2010

Thomas Sparrow

2008

04/20/2011

Charles Pick

2008

04/20/2011

Richard Meinert

2007

04/20/2011

HPC Responsibilities A Commission is authorized to: • • • • • •

Preserve and protect buildings, structures and sites of historic and architectural value in the historic districts designated pursuant to that ordinance; Prepare a survey of all property within the territorial jurisdiction of the municipality creating the commission; Recommend to the municipality creating the commission buildings, structures, sites and districts for designation as historic properties or districts; Restore and preserve any historic properties acquired by the municipality creating the commission or acquired by the commission; Promote acquisition of facade and conservation easements by the municipality creating the commission or by the commission; Develop and conduct educational programs on historic projects and districts designated pursuant to the ordinance and on historic preservation subjects;

HPC Responsibilities (continued) • • • • • • •

Make such investigations and studies of matters relating to historic preservation as the municipality creating the commission or the commission deems necessary and appropriate for the purposes of this chapter; Apply for funds to carry out the purposes and responsibilities of the commission from municipal, county, state, federal and private agencies and sources; Purchase, sell, contract to purchase, contract to sell, own, encumber, lease, mortgage and insure real and personal property in carrying out the purposes and responsibilities of the commission; Investigate, survey and process nominations of properties to the National Register of Historic Places; Investigate, survey and process applications for certification of historic properties for tax credits for preservation expenditures; Contract with other municipal, county, state, federal and private agencies and organizations to perform historic preservation related functions; Exercise such further powers as the commission may deem reasonably necessary and proper to carry out the purposes, responsibilities and powers of the commission.

(11-68-5, AL State Code )

Historic District • • • •

•

Created by the City Council on March 26, 2006 Certificate of Appropriateness (CoA) required for exterior changes Classification of work is either routine maintenance, minor work, or major work Routine maintenance requires no CoA and most Minor Work is approved by staff CoAs are reviewed against Design Review Standards

Creation of a historic district

What has the HPC been up to? Primary activities have included: •

Working on improvements in the district right-of-way that include: – – – –

• • • •

New pedestrian street lights New signs and poles Historic district gateway signs Improvements to the curbs and sidewalks including brick trim

Reviewing amendments to the Design Review Standards Reviewing applications for certificates of appropriateness Reviewing proposals for new districts Maintaining Certified Local Government Status (National Historic Preservation Amendments Act of 1980) – – – –

The local government must establish an adequate and qualified historic preservation commission through a local ordinance. The local government must enforce appropriate state or local legislation for the designation and protection of historic properties. The purpose of the ordinance must be clearly stated. The local government must maintain a system for the survey and inventory of historic properties. The local government shall provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register.

More Information? Auburn Planning Department 171 North Ross Street, Auburn, AL 36830 Phone: 334.501.3040 Fax: 334.501.7293 Carl Morgan, AICP, MCP Assistant Planning Director [email protected] Matt Mosley Planner [email protected]

The Planning Departments Mission Statement The mission of the Planning Department is to promote planned and managed change as a means of creating and maintaining an attractive “built environment” and conserving and protecting the City’s “natural environment.” To this end, special emphasis is placed upon: • Promoting the land use, public services, and transportation components of the City’s comprehensive plan so that they serve as an effective means of articulating and implementing the City’s developmental policies • Providing a high level of professional and technical support to the City Manager, City Council, Planning Commission, and Board of Zoning Adjustment, and Historic Preservation Commission in formulating and implementing developmental policies • Meeting the immediate needs of local officials, citizens, and developers through a pro-active approach to customer service and a commitment to quality that is shared among all members of the Department

Most Common Types of Zoning • Euclidean (Prescriptive) Zoning • Performance Zoning • Form-Based Zoning Many times municipalities utilize concepts from multiple types of zoning

Euclidean Zoning • In this zoning, uses and activities that are incompatible are strictly separated from each other • Many zoning districts that have few acceptable uses in each • Relies on fixed minimum standards to applied uniformly throughout the district with little regard for the site or surrounding conditions • Most prevalent form of zoning used in the United States • Benefits

– Provides the most certainty of any of the types of zoning – Well established and legally vetted – Easily implementable • Very rigid, lacks flexibility

Euclidean Zoning • Named after landmark case Village of Euclid, Ohio v. Ambler Realty • Heard by U.S. Supreme Court in 1926 • Case declared that zoning was a legitimate use of police power by municipal governments

Euclidean Zoning Map • Need Image

Common Zones •Residential •Single Family •Multiple Family •Commercial •Office •Retail •Industrial •Light Industrial •Heavy Industrial •Institutional

Euclidean Development Pattern • Need Image

Performance Zoning

• Basic premise states that most uses can be made compatible with one another and can coexist comfortably • Allows a few large zoning districts that groups many uses together • Uses variable standards to deal with the interactions between internal and external factors, applied on a site by site basis – – – –

Buffering Landscaping Impervious Surface Ratios Open Space

Performance Zoning • Detailed in book Performance Zoning by Lane Kendig • First implemented in Bucks County, Pennsylvania in 1974 • Provides the basis for City of Auburn’s Zoning system

Auburn’s Performance Zoning vs Model Performance Zoning • Model Ordinance contains seven basic zoning districts • Auburn’s Ordinance contains 11 basic zoning districts with 3 overlay zones • Auburn’s Zoning Ordinance contains no Estate District. The Development

Performance Zoning Map • Need Image

Performance Development Pattern • Need Image

Form-Based Zoning • Relies heavily on design and physical form instead of land use to control development • Relatively newest form of zoning although proponents state that this has been the development pattern for most ancient civilizations • Utilizes highly prescriptive design codes and architectural standards • This type of code is used for many Traditional Neighborhood Developments including Seaside • Major cities such as Montgomery, AL, Louisville, KY and Dallas, TX have adopted form-based codes for some or all of their city

Form-Based Development Pattern • Need Image