GLOSSARY
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Accessory Use A use that is subordinate
to and that serves a principal building or is subordinate in area or extent to
the principal building. Examples include garages and storage sheds.
Aesthetic Zoning Regulations
implemented for the purpose of achieving desired appearance. Frequently involves
use of design guidelines.
Air Rights The right to use the
space above a property for other development. Usually involves development over
a small building or over railroad lines or highways.
Amortization The process by
which, and the timeline during which, nonconforming
uses must be discontinued.
As-of-Right Zoning Non-discretionary
zoning standards that are determined in advance of development and are self-enforcing
in that they do not require special approval from a government agency.
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Board of Appeals Also called
Board of Adjustment or Zoning Board of Appeals.
A local government body that hears appeals from property owners or developers
on unfavorable decisions made by the local zoning
administrators and grants exceptions
to the zoning laws.
Bonuses See zoning
bonuses.
Buffer Zone A piece of land used
to separate incompatible land uses. Can include a strip of vacant land, trees,
berms (hills), extra-large yards or height restrictions.
Buildable Area The portion
of the lot that can be developed. Equals the area of the entire lot minus the
required open space.
Building Line The line beyond
which the building cannot extend. Also called the setback or yard line.
Bulk Envelope The three-dimensional
space within which the building may be erected. Usually defined by height,
Floor Area Ratio, bulk
plane and other regulations.
Bulk Plane The imaginary plane
that delineates the setback required at each level of the building. Generally
requires greater setbacks for higher floors. Many cities no longer use Bulk Plane
Regulations and instead limit Floor Area Ratios.
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Certificate of Occupancy
Certificate issued by a local official, usually the zoning
administrator, permitting use of the building.
Classification The division
of uses or activities into groups for regulatory purposes.
Cluster Development
Method of development where buildings are kept to one part of the property ("clustered"),
leaving the rest as open space.
Compensable Regulations
Regulations which allow for payment to the property owners when their land value
is decreased by the regulations.
Comprehensive Plan A document
that sets forth the land use goals of the community. The Zoning Ordinance must
be compatible with the Comprehensive Plan.
Conditional Rezoning The attachment
of conditions to the granting of rezoning for a particular area. The assurance
of compliance can be given through a covenant.
These conditions are extraneous to the Zoning Ordinance.
Conversion The changing of the
purpose/use of the land. If out of conformance with the Zoning Ordinance, it is
illegal.
Covenant A private restriction
on use of the land, usually written into the deed. Such restrictions are private
because they aren't written into the zoning ordinance or other city law.
Cumulative Zoning Used
to describe a zoning code where the first zoning category is limited to certain
uses, and each additional zoning category allows all uses allowed in the previous
category, plus some others. Also called Pyramidal Zoning.
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Design Guidelines Guidelines
(either binding or non-binding) which regulate how an architect designs a development.
These frequently involve aesthetic concerns.
Design Review A process where
a public agency reviews the architecture of developments. Used to ensure compliance
with design guidelines.
Development Impact Fee
A tax imposed on developers to compensate for the burdens imposed on the public;
for instance, developers may pay fees to provide money for nearby park, school,
or road improvements.
Development Rights A type
of easement that includes the legally permissible
development on the land but not ownership of the land. If transfer
of development rights is allowed, the development rights can be moved
to another property.
Downzoning A change of the zoning
classification to a less intensive classification. For example, a change from
high-density residential to single-family homes. The opposite of upzoning.
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Easement A right granted by the
owner of land (the grantor) to another party (the grantee) to use the land in
a specified manner without transferring ownership of the land. The grantee can
be a private party or a public agency. For instance, a farmer could sell her development
rights to a park district, which would make sure that the land cannot
be developed.
Eminent Domain The power
of the government to seize private land. The seizure must be for public purposes,
even though the land may a forced transfer to another private party. Just compensation
must be given to the landowner under the Fifth Amendment of the U.S. Constitution.
Euclidean Zoning Conventional zoning which separates uses. Named after
the case Village of Euclid (Ohio) v. Ambler Realty.
Exactions A contribution
or payment or condition as a prerequisite to authorization for development.
Exceptions Routine objective
variations from the zoning laws to allow for best use of the land. Usually granted
by the zoning administrator.
Exclusive Use Zoning
Zoning for one particular use or for a very limited number of uses. Used to protect
so-called lower uses that are less desirable but still necessary uses.
Extraterritorial Zoning
Authority granted to a local government to control zoning outside its boundaries.
Used to control uses that border the municipality, and typically includes areas
that will eventually be annexed.
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Fiscal Zoning Zoning that seeks
to increase the property tax revenue in an area. May be unconstitutional when
total elimination of lower-income housing is sought.
Floating Zones A zoning district
whose requirements are described in the ordinance but that doesn't yet exist on
a zoning map.
Floor area, gross The total
area of all floors of the buildings, not just the usable floor area.
Floor area, net The usable
floor area of a building, not including mechanical rooms, elevators, etc.
Floor Area Ratio The ratio
of total floor area to the size of the lot (both measured in square feet).
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Height Regulations Regulations
that limit the height of buildings within particular zones. Height measurements
exclude chimneys and antennas and basements. Some cities do not use height regulations
and limit solely by Floor Area Ratio.
Highest and Best Use
The use of the property that would bring the owner the most profit.
Holding Zones Zones for which
the regulations have not yet been developed. Regulations are written when development
is proposed.
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Impact Analysis An evaluation
of a proposal's effects on the community. The most common form is the environmental
impact analysis.
Incentive Zoning See zoning
bonuses.
Interim Zoning Regulations
imposed to ensure that development that occurs while a new
Comprehensive Plan or Zoning Ordinance is written is compatible with
the new document.
Inverse Condemnation
The substantial reduction in property value that may result from public action;
frequently referred to as regulatory takings. Takings via eminent domain are direct
takings, not inverse condemnation. Downzoning is one form of inverse condemnation.
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Leapfrog Development
Development at the fringe of developing areas that "leapfrogs" over closer, more
expensive land to cheaper land farther out. Urban Growth Boundaries can stop this
practice.
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Microzoning Zoning on a scale
smaller than lot-by-lot, i.e. floor-by-floor. Sometimes used to allow for different
uses on the ground floor and the higher floors.
Minimum Linear Dimension
A requirement that all lot lines be longer than a specified minimum. Used to prevent
development on or creation of long and narrow lots.
Mixed Use Zoning Zoning which
permits a combination of different uses.
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Neighborhood Zoning Zoning
that is determined by neighborhood (or ward) rather than for an entire city. The
elected official(s) for the area usually have approval authority. Some minor zoning
requests may be heard solely by neighborhood officials.
Nonconformities Uses or
other features of the property that are conflict with the relevant laws. When
new zoning codes are adopted most nonconformities are either "grandfathered in"
(allowed to remain indefinitely) or given an amortization
period.
Nuisances Any use or feature of
the property (noise, smell, etc.) that interferes with public use or enjoyment
of other property. Zoning seeks to minimize the number of nuisances.
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Occupancy Regulations
Regulations limiting the number of people who are allowed to live in a unit; for
example, single-family housing.
Overlay Zones Zoning requirements
that apply to an area in addition to the basic, or "underlying," set of requirements.
Properties must conform to both sets of requirements. Overlay zones (called "special
districts" in Chicago's code) are often used to introduce additional regulations
in a specific neighborhood.
Over-Zoning Zoning that allows
far more development that can reasonably be expected to be developed.
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Permissible Use A use of
the property that are allowed under the zoning code.
Performance Standards Limits
on the side effects of the property on the community. Noise limits are an example
of performance standards. Under performance zoning, any use that meets the standards
is allowed.
Planned Development
A development scheme for a large, multi-lot area that is usually being developed
by one party. The developer negotiates with the Planning Department to create
a final plan, which becomes a binding legal document upon passage by the City
Council and replaces the zoning regulations on the property.
Planned Manufacturing District (PMD)
An area designated by the City Council as a protected home for industrial uses.
Each PMD has its own use regulations that prohibit residential and commercial
uses from interfering with industrial business.
Planning Commission The
entity charged with reviewing proposed planned development, changes to zoning
laws, and other large land use plans.
Plat A map of an area, typically a subdivision, showing
each parcel's exact location, boundaries, and ownership. Approval of a subdivision
plat must be obtained from the Planning Commission.
Police Power The power of the
government to enforce regulations designed to protect public health, safety, morals,
and general welfare. This includes land-use restrictions.
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Reversion Clause A requirement that if
the special use permit is not exercised within
a specified amount of time, it will cease to be permitted. This protects the community
against later speculative action by developers.
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Schedule of Regulations A chart that lists
the regulations for each district, allowing for easy comparison of requirements.
Site Plan Review A process where a government agency reviews
the plans for a specific development. This often occurs to ensure that the plans
will not negatively impact the community.
Special District A zoning
district established with special provisions to meet the unique needs of that
community. See also overlay zoning.
Special Use Uses that do not
conform with the predominate uses in the area but that will not negatively impact
those other facilities. Special uses require approval by the Zoning
Board of Appeals.
Spot Zoning Zoning undertaken for a small area. Spot
zoning that is not in accordance with the comprehensive
plan is illegal because it is often arbitrary.
Strip Zoning A zone that is long and narrow, typically
for small contiguous parcels fronting a major road.
Superblock A very large block. Usually found only in areas
that permit cluster development or in
planned developments. These are generally
discouraged nowadays.
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Takings See eminent
domain
Transfer of Development
Rights A scheme under which a developer who does not fully develop one piece
of property may transfer the remaining development
rights to another, usually nearby, property to increase the allowable
development on the receiving property. Some cities allow development rights to
be sold. May be used in conjunction with air rights
Transitional Uses Uses that serve to buffer one area from
another. See also buffer zones
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Upzoning A change in the zoning classification
of an area to allow for less restrictive uses; for example, rezoning a two-flat
area for three-flats, or a B1 district to a B2 district (thereby allowing camera
shops, medical clinics, and other uses allowed in B2 but not in B1). The opposite
of downzoning.
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Variations If, for some reason, a property
cannot be developed under the current regulations, the owner may ask the zoning
administrator for an individual variation from the regulations. Also called variances.
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Zero Lot Line A more flexible way of
interpreting setbacks that allows buildings to provide both side yards on one
side, instead of one on either side. For instance, an R4
development could have no side yard on one side and five feet on the other
side, creating one useable yard from two unusable yards.
Zoning Administrator
The public official who administers the zoning ordinance and resolves minor disputes.
Zoning Board of Appeals See
board of Appeals
Zoning Bonuses A strategy
used to encourage the inclusion of certain amenities into a facility. A development
which includes these amenities (parks, plazas, bus shelters, etc.) gains the right
to increase the size of the structure. Also called incentive zoning.
Zoning Permit A certificate that gives permission to develop
the property in a specified manner.
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