Digitized by the Internet Archive in 2012 with funding from LYRASIS Members and Sloan Foundation http://www.archive.org/details/zoningforsmalltoOOunit i . . . .. ., June 1975 a o u o O a «> a t/5 D / ¥ \ U.S. DEPARTMENT OF COMMERCE Rogers C. B. Morton, Secretary Wilmer D. Mizell, Assistant Secretary for Economic Development FOREWORD Industry takes a look at total community environment when selecting a site for a new factory or plant expansion. Labor supply, raw materials, and transportation tell only part of the story. The site-seeking industrialist also wants reasonable assurance that his business can develop in harmony with its neighbors. He seeks evidence that his employees will live in an attractive community, one that sets a high value on health, safety, and physical appearance in its design for growth. Zoning is an effective procedure for helping create and maintain this kind of en- vironment. Particularly helpful to the smaller town with a pressing need for new job opportunities, this publication is a useful guide to any community program for organized development. %J^$\A(1 WILMER D. M1ZELL Assistant Secretary for Economic Development Table of Contents Foreword 1. Introduction 2 2. Planning for Zoning 6 3. Developing the Zoning Ordinance 12 4. Administering the Zoning Ordinance 18 5. Zoning Residential Areas 22 6. Zoning Commercial Areas 30 7. Zoning Industrial Areas 36 8. Zoning Agricultural Areas 40 9. Zoning Slope Areas 46 10. Zoning Flood Plains 50 11. Zoning Historical Areas 58 12. Zoning Scenic Areas 62 13. Zoning Freeway Interchange Areas 66 14. Zoning for New Towns 70 15. Sundown County: A Story of Zoning 76 1. Introduction r I ^his book is about community development prob- ■*■ lems and how they may be solved through zoning. Zoning refers to restrictions placed on the use of private land. Essentially, these restrictions specify how the land may be used — what kinds of buildings may be built and what activities may take place on the land, how high a structure may be built, how much yard space must be provided. Zoning is a police power. It should not be confused with eminent do- main, which is the purchase of property by a govern- ment through condemnation. Under zoning, the prop- erty owner abides by restrictions imposed by the local community but receives no compensation. The less densely developed urban and rural areas, especially those suffering from underemployment, un- derdevelopment, and population loss, are the major concern of this book. These counties are located pri- marily in great stretches in the Appalachian region in the eastern and southern United States and in the more sparsely settled areas of the West and far North- west. Generally, economically depressed areas are some distance from major population centers. In a few cases, they include large metropolises hit by automa- tion or shifting economic demand. Much has been written of America's great popula- tion explosion. Little has been said about that part of the country experiencing population leveling or de- cline. Between 1950 and 1960, close to half of the counties in the country lost population. In addition, many counties, possibly another 25 percent, failed to keep their natural population growth. There has been a boom in population and urbanization. It is concen- trated in the great cities, and it is partly at the ex- pense of the rest of the Nation. In essence, what is happening is that the people who are born and reared in rural areas are leaving, and these counties are losing their most productive (and consuming) popu- lation groups — those in their twenties, thirties, and forties. In return, there is some migration of the middle-aged and elderly back to the small towns. It is a belt-tightening time for hundreds of small towns and counties throughout the country. There is a compelling need for zoning and other land-use controls in counties experiencing economic and population decline. Where resources are limited, even greater prudence must be exercised. The declin- ing community can least afford to overextend its facil- ities, permit wasteful sprawl, or let its commercial areas slump. Land for new industries must be pre- served. To cut costs, some communities consider reduc- ing the supply of housing and shrinking the area that needs to be covered by police and fire protection. Zon- ing and other land-use controls can help by discourag- ing development in sparsely settled areas until com- plete, self-contained new towns can be built, while en- couraging development on vacant property in already developed areas. Zoning is only one of several tools that can be used to control development. Other methods are subdivi- sion control, capital improvements budgeting, urban renewal, open-space acquisition programs, reforesta- tion and land conservation programs. All these tools need to be coordinated into a full planning program if the rural county, small town, and urban fringe areas are to retain the desirable characteristics for living and working that they now possesses. Zoning laws vary from State to State. A procedure followed in one State may not be applicable in an- other. Local enabling laws should be consulted prior to additional zoning study. Also, every community is different. There is no universally applicable zoning or- dinance. In the final analysis, a successful zoning pro- gram requires not only the careful participation of many citizens and elected officials, but the direct as- sistance of planning and zoning specialists. There are a number of things that zoning can do for depressed or declining areas. Zoning can be used to preserve key land parcels for future use. This is important in any area but may be vital in a depressed area. The most obvious case of this is in the preserva- tion of prime industrial land. There are, however, many other examples where zoning can be of value, such as in the preservation of agricultural and timber lands, airport sites, recreation areas, and school sites. Zoning can help to keep such lands in relatively large holdings until the private economy creates demand for the land or until the community can afford to pur- chase the sites. Zoning can be used to cut municipal and county expenses by reducing "sprawl" — the dispersion of ur- ban development. This would cut initial costs of urban facilities such as sewers and water supply, and later reduce the area to be covered by such municipal serv- ices as police and fire protection and garbage collec- tion. This type of control may seem at first glance to be unnecessary in a small community or a rural area where there is considerable open space. Actually, it is in slow growth areas that "leap-frogging" and wide dispersion of urban development are most harmful. If a town of two or three thousand population is scat- tered over a four- or five-mile area, it may take many years for the close-in vacant land to be developed. It may be years before proper facilities such as paved streets, sewers, and street lights can be developed. This does not mean that new construction should be discouraged. On the contrary, new construction and remodeling should be encouraged through urban re- newal and other programs, but only in the right areas. Zoning has another role to play in rural communi- ties. It can be used to preserve the rural, small-town characteristics of a community by preventing the in- trusion of adverse land uses. For example, zoning can be used to preserve the single-family character of a residential neighborhood by keeping out non-compat- ible uses. It may similarly be used to protect the downtown business center from encroachments that would destroy its character. The small-town flavor of a community may partly depend upon the fact that there is a distinct break between the rural part of the county and the town itself. The fields may come right up to the doorstep of the town. Zoning can help maintain this sharp distinction. If retention of the distinctive character of a community is a goal of the community, zoning is one way in which this can be accomplished. Zoning is a method of controlling a community's pattern of growth or decline. It puts a lock on the door — sometimes before the horse is stolen, sometimes after. In some depressed areas, zoning may already be too late. The hillsides may have been despoiled, land development already scattered and inefficient, the streams polluted, the floodways built up. For such communities, zoning can provide a means of checking further abuse of the land and provide a guide for eventual correction of these problems. For many de- pressed areas, the greatest single source of future economic growth lies in the natural beauty of the countryside. Zoning is one of the best tools for keep- ing this beauty, which is America's greatest glory. Zoning can be used to preserve steep slopes from scat- tered, destructive developments, to fence off unsightly junk yards, to keep stream beds and banks from being despoiled by industries, or to prevent billboard alleys from cluttering the countryside. These things and much more can be accomplished through zoning only if the county and its communities know what they want and are forthright in working toward their goals. A weak zoning ordinance, or one which is not accompanied by other positive actions, such as subdivision controls, acquisition of open space, and building controls, cannot do the job. A strong ordinance, backed by careful planning and ad- vanced by effective implementation programs, will be successful in achieving the community goals. ORGANIZATION FOR PLANNING AND ZONING elect T serve COUNTY COMMISSIONERS appoint advise appoint advise ZONING BOARD OF ADJUSTMENT T PLANNING COMMISSION T REGIONAL PLANNING COUNCIL serve employ serve i i serve i i I ZONING OFFICER AND PLANNING STAFF PLATE NO. 1 2. Planning for Zoning r I ''he elected officials of the community prepare, adopt, and enforce the zoning ordinance. In the process, they rely upon citizen members of the community to assist them. Two groups of appointed officials usually share in this work: the Planning Commission and the Board of Adjustment (variously identified as the Zoning Board of Appeals, Board of Zoning Adjustment, and the Zoning Board of Adjust- ment). State enabling laws spell out in detail how appointments to these boards are made, length of office, jurisdiction, duties, and powers. In addition, staff services and/or consultant aid are usually needed to carry out the basic studies, prepare the maps, or offer advice in administering the zoning ordinance. The community's legal advisor and engineering staff also review the comprehensive plan and the zoning ordinance. To prepare a zoning ordinance, the community must have a clear picture of its existing situation and its prospects for the future. Is it growing? Is it declin- ing? What are its natural resources? How can they be conserved? What is the condition of the housing in the community? To answer these and other questions, it is necessary to carry out a series of surveys and studies. A plan for the future must be prepared before a zoning ordinance is adopted. In the first step in a planning and zoning program, the community is accurately mapped, surveyed, and analyzed. Next, a set of goals and policies are set forth to guide the development of the community. These goals and policies are stated in two ways: by words (statements of community goals) and by pictures (a developmental or comprehensive plan map). In the third and final step, these broad objectives are imple- mented through a zoning ordinance. The implementa- tion program may also include development of public facilities, enactment of subdivision ordinances, mini- mum housing standards, and other programs. There are two kinds of planning studies: (1) land surveys, which describe the present use and long- range potential of the land in the community; and (2) non-land surveys, which analyze the economic and population trends in the community. Land sur- veys include surveys of land use, soil type, and topog- raphy. Non-land surveys include analyses of popula- tion, the basic economy of the region, and the fiscal capacity of the community. These studies are often based upon survey work already available to the community. Examples are reports of the U.S. Geologi- cal Survey and the U.S. Bureau of the Census. The basic data must be analyzed, however, to draw conclu- sions about the nature of the community problems. The land-use survey is the cornerstone of zoning analysis. It is the survey most directly used in the development of a zoning ordinance. The land-use sur- vey is a detailed accounting of the present use of each parcel of land. Base maps are prepared for the entire area of the community. For built-up parts of a county, relatively detailed maps at a scale of 100 or 200 feet to the inch should be used. In sparsely settled areas, maps of 800 to 1,600 feet to the inch are serviceable. The maps should be adequate to show property lines accurately and without ambiguity. County assessment maps may be adequate to serve as base maps if over- lays showing topographic features can be fitted into the mapping system. Among the facts that should be shown on the land-use maps are platted property lines, present ownership lines, and the existing use of the land. The map should indicate scale, North, date, and source of information. A standardized land-use code published by the Housing and Home Finance Agency and the Bureau of Public Roads, entitled Standard Land Use Coding Manual, is available from the Superintendent of Docu- ments, U.S. Government Printing Office, Washington, D.C. 20402; 50 cents a copy. Using the system it de- scribes, an inspector examines each property in the survey area and records the location of the property and its present use — single-family residence, gasoline station, bakery, and so on. Each land-use reference is given a land-use-type number. This number indicates a general land-use classification; for example, a single-family residence may be classified as residen- tial, a gasoline station as automotive commercial and a bakery as industry. The information is then placed on a map in a color code for visual analysis of the land-use patterns. It may also be key punched into data cards for statistical analysis. When the land-use survey is completed, the com- munity will know many things, such as how much of the town is devoted to open space, residential and commercial uses, and public streets. It will also know how much room the typical establishment now uses for parking, how much vacant space is still available for development in the community for business and residential purposes, and what percentage of land is devoted to park space. Later, when zoning proposals are considered, the community can check the reason- ableness of zoning alternatives by checking the exist- ing land-use survey. If the community is interested in doing a good job in its zoning program, it will make its land-use inventory accurate and complete. There are other surveys of the land that should be carried out' at the same time. These need not always be done on a property-by-property basis, but they should be investigated thoroughly. Topography is an important factor in most planning programs. This is particularly true in hilly areas where flat land is at a premium or, conversely, in relatively level areas where hilltop view property is scarce. Basic topographic sur- veys should answer such questions as: Where are the steep slope areas subject to sliding? Where are the very low-lying areas subject to flooding? Does topog- raphy condition the development of the community by limiting the location of major land uses such as commerce and industry? What opportunities for devel- opment are found in analyzing the topography of the area? Can streams be diverted to prevent flooding, or ponded to provide recreation areas? Can greenbelts of wooded areas be retained along hillsides as restful, scenic open spaces? Are there commanding view- points that should be preserved for tourist lodges? In short, topographic maps should be examined in detail to discover the topographic problems and opportuni- ties of the area. One of the most essential surveys in developing a sound zoning ordinance is the economic base analysis, which projects the amount of land expected to be used by industry and commerce. It is necessary to know the amount of space that will be devoted to industrial or commercial use. It is necessary not only to know the economics behind the general industries in the area, but also what types of industries are likely to grow in the future and what kind of space requirements they will have. For example, in a community that for many years has depended upon heavy industries in which there long has been no growth and where no growth is anticipated, it might be wasteful to lay aside large tracts of land for heavy industry. Modern, light manu- facturing plants require greater parking area, more room for maneuvering trucks and storing trailers. To meet these needs, one must lay aside large tracts of land in park-like surroundings. Conversely, heavy in- dustry may be restricted in its location by require- ments to be near certain railways, highways, and rivers. The economic analysis of the county will help to determine the amount of land necessary for indus- trial growth. Population projections bear directly upon the zon- ing ordinance. Population projections tell the number of families likely to come into the area in the near future. For most purposes, 20-year projections are adequate to serve the needs of zoning. The purpose of population projections is to learn how much and what type of land can be absorbed in the future. It is pos- sible to place residences on a great variety of lands. Some types of land, however, are scarce: first-class agricultural lands; industrial lands, due to site and locational requirements; and certain key commercial and light manufacturing areas. Some lands, such as certain historical or special park lands, are unique. In general, population projectipns give a realistic idea of how much land should be preserved for all these types of uses: residential, park land, schools, and general commercial. Population projections should indicate how many families will be living in the area in the future. It is possible to show that, for each family at that time, there should be reserved so many acres of land. It is not necessary to zone more land for these uses than the projected population will need. If one of the goals of the community is to tightly control its development, accurate population estimates are essential. Agricultural soil surveys are important in rural counties. These studies should indicate (1) the kinds of agricultural lands to preserve at all costs; (2) those that are marginal and might better be reserved for urban uses, parks, timberlands; and (3) those in which agricultural uses are harmful and should be dis- couraged and eventually stopped. Soil surveys take into account certain residential and hilly areas. The subsoil characteristics tell whether or not these are good areas for building homes and businesses. Low- lying, marshy areas may be practical only for open- space uses. If there is a flooding problem, as will be described under flood plain zoning, it may be neces- sary to retain these areas in open use. The planning process is essentially a matching of existing conditions with future needs in the most effi- cient and practical way possible. The surveys of exist- ing conditions indicate how much land is now being used residentially, commercially, industrially, and agriculturally, and in what location. The study of trend data, such as population projections, indicates how much and what type of land is going to be needed in the future for residential and commercial uses. Perhaps more land will be needed for these things; perhaps less. In either case, when the existing and the projected future needs are organized into a workable, efficient pattern, the result is planning or, in effect, the comprehensive plan. The next step, zoning, concerns enactment of a law to control land develop- ment so that the plan may be carried out. A double public hearing usually is used in develop- ing a zoning ordinance. The first hearing is conducted by the Planning Commission and may be heard in several places so that the entire county has an oppor- tunity to see the recommended ordinance and to be heard. The County Commissioners usually hold only one hearing at the County Courthouse. After adopting the zoning ordinance, the County Commissioners ap- point the Zoning Board of Adjustment and designate a Zoning Officer. PLANNING AND ZONING PROCESS LAND SURVEYS land use topography soils mineral deposits NON-LAND SURVEYS population economic trends fiscal capacity industrial prospects identification of major problems by areas H identification of significant econ- omic & demographic trends V J statement of planning and zoning goals sketch planning and development of schematic land-use plan comprehensive plan development of zoning ordinance enactment and administration of zoning ordinance PLATE NO. 2 ADOPTING THE ZONING ORDINANCE STAFF PLANNING COMMISSION gives n 3tice of A ho ds hears reaction ^ PUBLIC HEARING I recommends zoning ordinance COUNTY COMMISSIONERS ho t ds hears reaction [ 1 PUBLIC HEARING > desigi iates adopts app oints ZONING OFFICER ZONING ORDINANCE ZONING BOARD OF ADJUSTMENT PLATE NO. 3 3. Developing the Zoning Ordinance 12 13 r I ^he zoning ordinance is a legal document consisting of two major parts; — the zoning map and the zoning text. The zoning map is an essential part of the zoning ordinance. The map must be so drawn that there is no ambiguity regarding the exact loca- tion of the boundary lines between zones. When amendments to the zoning ordinance are made in the form of a change of a zone boundary line, the zoning map must be brought up to date and the original map corrected. Following are necessary parts of a proper zoning map. • Municipal boundary line. (In the case of a county which has zoning jurisdiction only in unincor- porated areas, the zoning map should clearly show those areas where county zoning is not in force as well as those areas where it is.) • North arrow, scale and legend. The legend should show the distinction between lines used to de- marcate the municipal boundary line, street rights-of- way, and boundary zoning lines. The map should be drawn to scale, and where any question may arise, the map should show exact figures for distances involved. For example, if a zone lies 100 feet from the centerline of a street in an area with confusing property boundary lines, it may be well to write on the map itself "100 ft." so that the distance is clearly understood by anyone reading the document. • Title. This should include the title of the zoning map, name of the community, and date when enacted. • Zone identification. Every part of the area that is zoned must have identifying zone titles, such as R-l or No. 5. The zoning text has several parts. The first section usually begins with the title of the ordinance, purpose, a reference to the State enabling act from which the law is derived, and a separability clause, which per- mits a portion of the zoning ordinance to be separated from the rest of the text without invalidating it. Fol- lowing this, there is a section defining the terms used in the text. The purpose of the zoning text is to describe each of the zones. The zoning text lists what may be built and what may not be built in each of the zones. It may also cite those uses permitted only under special circumstances. These are called "conditional uses" or "special exceptions." The zoning text describes the enforcement proce- dure. This may include the appointment of the Zoning Officer, and the "zoning permit" and "certificate of occupancy," if they are used. The entire zoning proce- dure should be specified, including fees and penalties. The zoning text describes the procedure for making adjustments in the zoning ordinance. These changes may occur in the text or in the map. The zoning text describes the functions of the Board of Adjustment, the rules for the granting of a variance, conditional use permits, when notice must be given, how public hearings should be conducted, and the procedure for appeal to judicial review. Finally, the zoning text may describe those uses that are "nonconforming" at the time of the enactment of the zoning ordinance. It may include a section describing how such "nonconform- ing" uses may be terminated. Writing the zoning text and developing the zoning map normally go hand-in-hand. One cannot borrow from other communities in this regard, although it is a good idea to look at other zoning ordinances to see how they are handling routine matters such as the procedure for amendment. It is important to look at the zoning ordinances of neighboring communities to see if there is any opportunity for developing similar zones to lessen confusion to the general public. Gener- ally, the fewer the number of zones, the better. One of the most frequently overlooked parts of the zoning ordinance is the statement of purpose for each zone. As an example, a community may have an older part of town it wishes to preserve in a single-family residential style. The area may be beginning to expe- rience a slight decline with the introduction of noncon- forming mixed land uses. If the community is serious in its intent to retain the single-family flavor of this area, it should say so in the zoning ordinance in such a way that there is no question about what the com- munity wants within the zone. This is helpful in two ways: (1) when the ordinance is being tested by those wishing to make significant changes in the area; and (2) when the ordinance is interpreted by the Zoning Officer in the daily administration of the ordinance. 14 A tradition has grown up over the years regarding zoning ordinances. It is traditional to label the zone by the predominant use in the zone. Thus, a commer- cial area may be called the "C" zone and an industrial area an "I" zone. When there are several types of commercial zones, they might be labeled CI, C2, C3, C4. This implies a quality factor, as if one commercial area is better than another. A community may have three separate and distinct residential areas, each of which will call for different zoning standards. Perhaps one is an older single-family neighborhood, a second is a higher density scat- tering of residential blocks close to the downtown shopping area, and a third is a planned new town de- velopment in the suburbs. Perhaps all three require different zoning standards, and it is the intent of the community to impose different standards for each area. Instead of calling each of these zones by a label that implies quality (Rl, R2, R3), it is suggested that abstract numbers be used. The zones might be called merely zone #9, #10, #11. The zoning ordinance should be simple, clear, and precise. It should be contemporary. How can it be all these things at once? Fortunately, it is also a docu- ment that contains within itself the method by which it may be interpreted and amended as conditions war- rant. The safety valve features of the zoning ordinance come in four forms: (1) interpretation, (2) var- iances, (3) conditional uses, and (4) rezones. Inter- pretations of the zoning ordinance are made by the Zoning Officer and the Board of Adjustment. The Board of Adjustment also grants variances and condi- tional uses. The rezone procedure requires action by both the Planning Commission and the elected govern- ing body. The zoning ordinance is preceded by a series of sur- veys and analyses of existing conditions. Behind all zoning ordinances is a comprehensive plan, which in- cludes a statement of purpose, goals for the commu- nity and a rather explicit delineation of the type of community expected to be achieved in the future. The zoning ordinance, however, is a day-to-day regulation upon the use of land. Naturally, it is sometimes sub- ject to debate. Not everyone agrees upon the basis on which all parts of the city are zoned. Many people who create the original zoning ordinance find later that, under certain unpredictable circumstances, their opinion will change. It is for this reason that the Board of Adjustment is created. This is the "safety valve" for the dynamic zoning "boiler." The Board of Adjustment, as its name implies, is a group of people, similar to the Planning Commission, who act as a separate group charged with the respon- sibility of interpreting and making certain decisions as specified in the zoning, ordinance. This safety-valve group is intended to make certain that day-to-day jus- tice is achieved in the administration of the zoning ordinance. In a sense, the Board of Adjustment pro- vides a kind of built-in flexibility in the ordinance. One safety valve open to the Board of Adjustment is the conditional use. This is not a safety valve as much as it is a normally permitted use within the con- text of the zoning ordinance. A conditional permit al- lows a landowner to develop property in accordance with general rules laid down in the zoning ordinance, but only after special review by the Board of Adjust- ment at the time the petitioner applies for such condi- tional use. A conditional use in a residential area might be the opening of a day-school for pre-school children. Under the zoning ordinance, this use is permitted any- where within the zone so long as certain things are done. The developer may have to provide additional off-street parking in this residential area, or perhaps the school itself must be a separate building. Perhaps the children's play area must meet certain regulations so that neighbors are not subject to an unnecessary nuisance. This type of special control for the special use cannot be predicted. One simply doesn't know where the next private pre-school may be developed. Therefore, the matter is left open until such time as a petitioner applies. When the petitioner presents his plans, he shows how he will comply with the general intent of the provisions of the zoning ordinance. The Board of Adjustment may then issue the conditional use permit. A variance is a special dispensation given to the petitioner to disregard certain stipulations in the zon- ing code in order to develop his property. The Board of Adjustment cannot be arbitrary or capricious in either granting or denying variances. It cannot grant a variance in contradiction to the express purpose of the zone (which is why it is necessary to be clear in stating the purpose of the zone). The Board of Adjust- ment may hear a petition to permit the development of property within a zone by a developer who pleads that strict interpretation of the zoning code regulations would create in his particular parcel an unnecessary hardship. He must cite the fact that his property is unique within the zone. 15 A good example of this is the case where several properties in a row, all of the same general size and shape, are zoned residential and have a common set- back of 20 feet. On one property, however, there is an unusual topographic situation. The hill falls off steeply so that only 50 percent of the property is flat enough to develop — a house can be built on only one-half of the property. Perhaps the remaining half of the prop- erty is a slide area and therefore unbuildable. This is a unique situation; it isn't the type of case the framers of the zoning ordinance had in mind when they marked this area for this type of residential zone. Therefore, the petitioner prepares the necessary docu- ments and brings them before the Board of Adjust- ment, which conducts a hearing after due notice to the general public. After viewing the situation, the Board of Adjustment may find that this is a unique case and that it would create a hardship to the property owner if the rules were strictly interpreted. It may grant a variance to the regulations. The Board of Adjustment is limited, however, in the type of zoning variance it may grant. It cannot, for example, grant a "use var- iance." If the property owner with the slide area on the back of his residential lot had petitioned to build a gasoline station — rather than a house closer to the street — simply because his property was in a unique topographic situation, the Board of Adjustment could not properly grant a variance for this change in use. Another safety valve is really a basic change in the zoning ordinance itself. This is called the rezone. It is actually an amendment to the zoning ordinance. Since it is an amendment to the basic document, it is not carried out by the Board of Adjustment, which has jurisdiction primarily over interpretations and the granting of variances and conditional use permits. In order to rezone property, it is necessary to re-enact the entire zoning procedure. Just as the original zoning ordinance had to be prepared and displayed for the general public prior to a public hearing, at which time pros and cons were heard, so, too, must the hearing for a rezoning be posted. Since a rezoning normally affects only a small por- tion of the community, the zoning ordinance permits a special procedure for minor amendments of the ordi- nance. Due notice must be given, but only surrounding property owners need be officially notified by the post- ing of a public notice on a utility pole or other con- spicuous place. They may also be notified by post card that a hearing will take place regarding the prospec- tive change of zoning. At the pulic hearing, the Plan- ning Commission reviews the application and listens to the developer's proposal and the comments from the planning staff. The Commission then recommends to the governing body (City Council, Township Supervi- sor, County Commissioners) on the application. The governing body makes the final decision. The deci- sion, however, may be appealed to a court of law by the applicant. Developing a zoning ordinance is not an easy task. There are difficult decisions to make, which affect many people. The framers of the ordinance can err in several ways. There are many questions that should be asked before the zoning ordinance is presented to the public. Is it strong enough to do the job it is supposed to do, or is it so weak it merely legalizes the current abuses of the land? In short, does it have teeth? Does it guide the future or imprison the past? Does it en- courage good development and reward the thoughtful developer? Does it protect the cherished values of the community — its community center, its fine residential streets, its hillsides, its charm? Is it fair? Does it pro- vide adequate "safety valves?" Is it understandable? Does it control wasteful urban sprawl and premature subdivision? The list of questions is long, but the principle is simple — the zoning ordinance should con- trol and guide the community toward desirable com- munity goals. VARIANCE AND CONDITIONAL USE PERMIT PROCEDURE PROPERTY OWN E R applies for der zoning , permit I lies A approves or denies mc appe ZONING OFFICER al to notic res e of petitions for variance or conditional use permit 1 ZONING BOARD OF ADJUSTMENT ho 1 Ids hears 1 I reaction PUBLIC HEARING i r COURTS PLATE NO. 4 REZONE PROCEDURE PETITIONER | ^PROPERTY OWNER OR ORGANIZATION) 1 A A applie per s for mit deni BS > t petitions for . . _ r denies or ZONING OFFICE! rezc i >ne approves may ap peal to )tice of ^ t gives n< PLANNING COMMISSION i I h O ds hears reaction > - v niiDi ir i j r A Dl Klf r\ JDLH- 1 1 CHniiNV CUUKT > PLATE NO. 5 4. Administering the Zoning Ordinance 18 19 r | ^ he zoning ordinance is administered by the Zoning Officer. In smaller communities and counties, the Zoning Officer may also be the Building Inspector and the City Engineer. In larger counties, the work- load may require a full-time Zoning Officer. The zoning procedure is tied directly to the build- ing permit process. The developer presents his plans to the Zoning Officer, who reviews them for conformance to the zoning ordinance. He checks to see if the pro- posed use is permitted in the zone in which the prop- erty is located. He determines whether the proposed structure is set back the required distance from the right-of-way and the adjoining properties. If it is a commercial development, he checks the number of off- street parking spaces against the size of the proposed structure to see if the minimum requirements have been met. If the developer's plans meet the specifica- tions of the zoning ordinance, the Zoning Officer is- sues a zoning permit. The zoning permit states that the plans for development of the property were re- viewed and found to be in conformance with the pro- visions of the zoning ordinance. The developer may then proceed to the Building Inspector. The Building Inspector examines the plans and de- termines whether they are in conformance with the building code. If all is well, the Building Inspector issues a building permit, and the developer can pro- ceed to construct the building. During the course of construction, the Building Inspector and the Zoning Officer inspect the property to see if the developer is actually carrying out his plans as he said he would. When the building is completed, the Building Inspec- tor and the Zoning Officer make a final inspection. If all is satisfactory, the Building Inspector issues a Cer- tificate of Occupancy, which is also signed by the Zon- ing Officer. In some communities, the Health Officer, Fire Marshal, City Engineer, and others may also re- view the plans and inspect the completed building. They may issue additional permits and also sign the Certificate of Occupancy. When the last required sig- nature is on the Certificate of Occupancy, the struc- ture may be occupied. What are the circumstances under which a request for a zoning permit may be denied, and what can a developer do under these circumstances? If the re- quest for a zoning permit is turned down, the Zoning Officer must show how the plans failed to meet the zoning requirements. The developer has four major routes open to him if the permit is denied. Just which route he will take depends on the way in which the plans failed to meet the requirements of the zoning ordinance. If the plans failed to meet the exact letter of the law but substantially followed the spirit of the ordinance, the developer may ask for a waiver of the strict interpretation of the requirements of the ordi- nance, that is, a variance. For example, if the building exceeded the height limit for the zone by 5 feet, the developer may ask for a 5-foot variance of the height limit. After notifying the surrounding property owners, the Board of Ad- justment will hold a public hearing to hear the peti- tion. The developer usually presents his case on the grounds that his property is defective in some manner and that to abide strictly by the rules will deprive him of the use of his property. Perhaps the property is unusually narrow and building a house would be diffi- cult. The Board of Adjustment can grant the request and instruct the Zoning Officer to issue the zoning per- mit only if there is sufficient justification. The neigh- boring property owners and the developer have the right to appeal to the regular courts of law. There is one situation wherein the rejection of the zoning permit is normal operating procedure: the "conditional use permit." In this case, the developer approaches the Zoning Officer with his preliminary plans for the building. Perhaps it is a nursing home in a residential zone. The zoning regulations permit the nursing home but only on the condition that it be so situated on the property that it will not adversely affect the neighbors or cause traffic congestion on the street. The zoning regulations will specify that the nursing home is permitted by "conditional use per- mit." The use is permitted conditional to meeting the special requirements in the ordinance. In this case, the developer will be denied the zoning permit but al- lowed to present his case for development of the nurs- ing home to the Board of Adjustment. The Zoning Officer reviews the plans and makes a recommendation 20 to the Board stating why he thinks the conditional use permit should or should not be granted. Again, the neighboring property owners are notified, and the Board of Adjustment hears the case. If the plans meet the specifications, the Board of Adjustment issues a conditional use permit, which allows the Zoning Officer to issue the zoning permit, and the developer is on his way. If the Zoning Officer and the developer disagree about the interpretation of the regulations in the zon- ing ordinance, either one may wish to settle the question by referring the matter to the Board of Ad- justment for an opinion. It is impossible to spell out everything in a zoning ordinance. From time to time, interpretations of the intent of the ordinance must be made. This is a duty of the Board of Adjustment. What happens when the developer asks for a zoning permit to build a structure that is not allowed in the zone — for instance, a service station in a residential zone? The Zoning Officer must reject the request for a zoning permit. The developer must take his case through the rezoning procedure. He does not go to the Board of Adjustment but to the Planning Commission. The Planning Commission also notifies the surround- ing property owners that it will hear the case at a public hearing. The developer must present his case well, for he is asking for a change in the zoning map. The only way a service station may be built near a residential area is to change the area now zoned for residential use to a zone that permits the erection of a service station. After the Planning Commission hears the case, it submits a recommendation to the govern- ing body (County Commissioners, Township Supervi- sors, City Council), which also hears the case. The governing body decides whether the zoning map shall be changed. The decision may be appealed through the regular court system, if the developer desires. The administrative machinery to enforce the zoning ordinance must be set up at the same time the zoning ordinance is enacted into law. The Zoning Officer must be appointed, and the members of the Board of Adjustment named. The general powers and duties of the Zoning Officer and the Board of Adjustment are stated in the zoning ordinance. There are other admin- istrative matters that will need detailing. The Board of Adjustment will need to adopt by-laws governing its operation. These will specify when the group will con- vene, how many are needed for a quorum, and similar details. The Zoning Officer must develop the proper forms for the zoning procedure, such as the zoning permit, the Certificate of Occupancy, petition forms for a variance, conditional permit and rezone, and the large notices of public hearing that are posted on util- ity poles in the vicinity of the property in question. In addition, the Zoning Officer must develop a system for notifying neighboring property owners. The initial stages in the administration of the zoning ordinance are like the shakedown cruise of a new ship. Each person must understand the zoning ordinance and his role in its administration. In some States, it is possible for the Board of Ad- justment to be composed of some members who also sit on the Planning Commission. In other States, it must be an entirely separate group. In some States, the Planning Commission is also the Board of Adjust- ment. It is a good idea to keep the Planning Commis- sioners, who make the law, separate from the Board of Adjustment. Since the Board of Adjustment must, in effect, review the work of the Planning Commission, it is sometimes awkward to have the Planning Commis- sion sitting as the Board of Adjustment reviewing its own work. On the other hand, if the Board of Adjust- ment is a different organization with a different com- position, it may fail to understand the Planning Com- mission's reasoning when the Commission developed the zoning ordinance. A happy and equitable solution, in those States where it is possible, is to have one or two members from the Planning Commission also sit on the Board of Adjustment, with the remaining three or more members made up of a completely different citizens group. In this way, it is possible to have a majority overrule while retaining effective communication be- tween the Planning Commission and the Board of Ad- justment. When members of the Planning Commission cannot also sit on the Board of Adjustment, it may be possible to have former Planning Commissioners ap- pointed to the Zoning Board of Adjustment. The Board of Adjustment is a separate organiza- tion. It should prepare an annual report describing its activities, have the services of at least an executive secretary, and meet at regular intervals. At the same time, it should make every effort to understand the planning and zoning that is proceeding in the com- munity. Unless there is coordination between the Plan- ning Commission and the Board of Adjustment, a mis- use of the Board of Adjustment's power may occur. One of the most innocent yet flagrant abuses of the Board of Adjustment is the granting of "use var- iances." In the typical situation that a use variance is 21 granted, the developer approaches the Board of Ad- justment and requests permission to construct, for ex- ample, an apartment in a single-family zone. He may cite the fact that his particular property has more area than adjoining property. He may show that his prop- erty has some special topographic conditions. In fact, his property may be unique in this single-family area. The use prescribed for this zone, however, is single- family residence. In this case, the developer is asking for a definite change in the use of the land by request- ing that he be allowed to construct an apartment. The Board of Adjustment may feel that the request is jus- tified; that, in fact, something must be done to take care of the fact that the petitioner has a unique parcel of property. In its zeal to accord him an equitable settlement, the Board may be granting the petitioner a use variance. The Board of Adjustment should not be confused with a judicial court. The Board has no authority to decide whether or not the zoning ordinance is consti- tutional or unconstitutional. Nor can it make a change in the text or map of the zoning ordinance itself. This can be done only through the rezoning procedure in- volving the Planning Commission and the elected gov- erning body. It cannot change the list of permitted uses in the zoning ordinance. It can only permit le- nience in the zoning rules where unique situations exist. They may interpret the zoning ordinance, but where the uses are clearly spelled out they cannot al- low a developer to use the property except as stated in the zoning ordinance. A zoning ordinance is only as effective as its admin- istration. Effective administration begins with good record-keeping. As soon as possible, an accurate list of nonconforming uses should be established. A complete set of administration forms and a proper system for recording changes in the zoning map need to be de- veloped from the outset. The zoning ordinance is a law of the land. It needs to be periodically enforced. Vio- lators should be prosecuted and made to remove the offending violation. Most important, the reason for zoning and its value to the community and the individ- ual should be promoted through an effective public relations program when the zoning ordinance is enact- ed. Finally, the ordinance should periodically be re- examined critically by the community. Changes should be incorporated in it so that it becomes a continually useful, workable tool for community improvement. 5. Zoning Residential Areas ^ifoy 22 23 A man's home is his castle. This is true whether "^* - the castle is the traditional single-family de- tached dwelling or a modern apartment high in the sky. It is true even if the castle is surrounded by a moat of uncut grass, a fleet of scooters, tricycles, and skates. But most families and individuals do not live entirely within their castles. They live on a street in a neighborhood. It is essential to realize that zon- ing is a protection of the neighborhood as well as a protection of the individual home. What makes a neighborhood? In addition to in- dividual homes, a neighborhood contains schools, churches, parks, and business centers. Some things are the result of joint effort — the streets, storm drainage system, water supply, electricity, telephone, power, gas, and the sewage disposal system. Even the street names and house addresses are a part of the neighbor- hood as well as of the individual residence. Postmen, milkmen, policemen, and deliverymen are a few of the inhabitants who work in the neighborhood but who do not live there. A man may live in his castle, but he does not live alone. The first step in planning for residential neighbor- hood zoning is the determination of the location, size, and characteristics of the existing residential neigh- borhood. It is also important to know the location of potential residential areas and the potential market for residential housing. It is not enough, however, to know just this information. It is important to work these facts into a logical plan for the neighborhood. Some towns leap too quickly into the zoning plan after surveying the area and locating the existing residen- tial areas. They fail to see how zoning can be used to achieve different goals for different residential neigh- borhoods. Unless this is done, the zoning plan be- comes no more than a reflection of the status quo. Zoning as a guide to future growth is all too often carelessly tossed away. How can this be avoided? It is important to know something about each of the residential areas in a neighborhood sense — in what ways the neighborhood is growing, declining, or changing character. This is not revealed entirely by exterior inspection. It is necessary to go beneath the surface and understand the underlying economic facts about the area. Is the type of home in this area suit- able for modern accommodations? Some communi- ties that were built as recently as the post-Korean period consist predominantly of two-bedroom units. Two-bedroom units have proven to be inadequate for the larger post-war family in some localities. Con- versely, there are many older towns with houses of seven and eight bedrooms that are far too large for most families today. Does the neighborhood need re- juvenation through new building, or protection from commercialization and overcrowding? What are the different types of neighborhoods, and what are their special needs? Residential neighbor- hoods may be broadly classified into five types. At one end of the scale, there is the older neighbor- hood of fine old mansions that have survived several generations, perhaps dating from before the turn of the century. Here the homes and lots are large. Land and building values have remained consistently high for several generations. These neighborhoods were well laid out, the buildings well constructed. They have sturdily survived to this day, but what of their future? This type of neighborhood is in need of strong zoning protection. Among the dangers this kind of neighborhood may face are (1) overcrowding of structures (doubling up of families, conversion of homes to apartments), (2) under-maintenance of structures, (3) aging of public schools and utilities, and (4) commercialization of properties (partial con- version to business use). How can zoning help this type of older residential neighborhood? Zoning may help by preventing the in- cursion of new, adverse land uses such as manufac- turing, commercial uses, and warehousing. Such uses are likely to appear in older residential neighborhoods located next to commercial areas. The first duty of zoning is to prevent this kind of land-use invasion by establishing a clearly defined boundary around the neighborhood and by permitting only residentially compatible uses. Zoning may help by providing a fa- vorable climate for continued residential occupancy of the area. This may be done by recognizing that the older type of home found in the area may no longer be practical for modern accommodations, even if it is 24 still structurally sound. What can be done if it is found, from real estate market analysis, that an older area is declining because of its inability to compete with the modern suburban home? It may be well to recognize the fact that such older areas are open to a greater threat from the introduction of commercial uses than they are from the introduction of different residential building types. It is sometimes better in such communities to permit scattered apartment clusters when individual older residences have de- teriorated and have outlived their economic life. A second general type of residential neighborhood is the moderately old single-family residential area. This is the residential area that was developed perhaps in the 1920's and early 1930's. Such areas are often characterized by spacious lots, two-level single-family detached dwellings, and detached garages. Often this type of neighborhood was originally a tract develop- ment created by a single realtor. It may have many advantages such as complete public facilities, a rela- tively modern school, and adequate park and play- ground property. It may also be further from the core of the community, so that it stands less chance of be- coming mixed with industrial and commercial uses. How can zoning protect this kind of community? Again, zoning is called upon to preserve the neighbor- hood from intrusion by adverse land uses. At the same time, the zoning ordinance must allow appropriate neighborhood convenience-type commercial uses. This may mean that the neighborhood business area should be updated by providing within the neighborhood a commercial zone that calls for greater off-street park- ing and stricter land-use controls suitable for a neigh- borhood commercial area. A third type of residential neighborhood is one that is in transition from residential to commercial uses. It is usually an older area, but new areas are also affect- ed. It is a neighborhood that already has mixed land uses (some business or industrial as well as residential uses) and mixed residential building types (duplexes and apartments as well as single-family homes). Such neighborhoods are found both close to the downtown core and on the fringe of the community. In the very old area close to downtown where there has been no zoning protection, older residential homes may have been demolished for businesses and industrial uses in a haphazard pattern so that, today, homes are next door to businesses. In the newer, outlying areas, va- cant land may have been developed at different times for different land uses, with modern residential tract developments going up next to older commercial and industrial establishments. The buildings of the transi- tional neighborhood are usually old and undermain- tained. In some places, modern developments are pushing out older ones. In any case, the transitional neighborhood is changing, and the problem is to di- rect the change. What can be done for this third type of residential neighborhood — the mixed, changing, transitional and often declining residential neighborhood? In this type of neighborhood, it may be necessary to provide more than one type of residential zone and more than one type of commercial zone. This is the kind of neighbor- hood that may require the greatest ingenuity on the part of the community. The challenge is how to make existing land uses blend successfully. Attention should be given to the problems created when different land uses abut one another. The fourth kind of residential neighborhood is the new residential neighborhood located in the outlying fringe areas — the emerging neighborhood. This neigh- borhood may be only partially developed at this point. Its problems often are merely ones of providing full public facilities such as streets, curbs, gutters, storm drainage, schools, and recreation areas. How can zon- ing help this kind of neighborhood? Once again, zon- ing protects by keeping extraneous and detrimental uses from entering the neighborhood. It also provides an incentive for new types of zoning that will build lasting values into the neighborhood. The emerging neighborhood with vacant land for development is of- ten the place for a new type of urban development that permits the intermingling of different building types. This is the planned-unit development. Although the planned-unit development has only re- cently come into widespread use in zoning ordinances. the idea itself is not new. There has been more than one demonstration that a properly planned residential development of mixed residential structures (apart- ments, town houses, row houses, and single-family units) can have lasting value. There are cases of planned apartment-row house developments with open interior park areas that have survived in remarkably good shape for over 100 years. In one outstanding case in New England, the surrounding area has declined, while the only block to retain its value and livability is the planned-unit development. A zoning program should encourage experimentation and seek new ways for living, especially in this kind of emerging neigh- 25 borhood. Where large open tracts of land are avail- able, the planned-unit development is recommended. The fifth general type of neighborhood is the resi- dential "remnant" neighborhood. Remnant neighbor- hoods are the residential "pockets" of two or three blocks that are found scattered throughout a commu- nity. Often these are the remaining segments of once flourishing communities. Within almost all communi- ties, there is a section "on the other side of the tracks" that is a small slum remnant of a once thriving com- munity. The district may be completely surrounded by industrial uses. Some blocks may have two or three kinds of land uses. This kind of residential pocket may be slated for ultimate redevelopment by either private or public uses over a long period of time. Un- til renewal arrives, how can zoning help meet the problems of these residential pockets? Zoning can keep outside uses from entering residential blocks, and maintain residential standards of development within the residential pocket. If the long-term decline of the neighborhood is inevitable, urban renewal should be hastened. What might be called a sixth "neighborhood," but is not really a neighborhood, is the isolated housing unit found scattered throughout the community. These residential fragments are generally not zoned for resi- dential use. They are a part of the industrial or com- mercial area. It is recommended that local public policy be directed toward their general elimination. Zoning can assist in this direction by discouraging further residential use in non-living areas. In summary, residential zoning can accomplish two general goals. First, and perhaps most important, it can prevent harmful uses from entering the residential neighborhood. These may be industrial and commer- cial activities of a nature that would tend to blight a residential area. Secondly, residential zoning can en- courage certain amenities within the residential neigh- borhood that will ensure the neighborhood a longer life. If each property is required to develop to ade- quate standards, the neighborhood itself becomes a bulwark preventing intrusion. Traditionally, zones have been classified according to type of building. A single-family zone, for example, is based on the premise that all properties within the area should be developed for a single building of a similar type, specifically, the single-family home. In the traditional zoning ordinance, setbacks are re- quired all the way around the house. The frontyard setback is generally 20 to 25 feet. The sideyard set- back varies between 5 feet and 15 feet. The backyard traditionally is 25 to 30 feet. By maintaining these setbacks, a typical pattern of single-family detached dwellings is achieved. Also, a height limit of 30 to 40 feet (excluding chimneys and TV-radio antenna) and a minimum lot size are required. This type of residen- tial zone has many advantages. It ensures that the property will be protected from undue encroachment and exclusion of light and air by the neighboring single-family residential building. There are some disadvantages to traditional zoning that should be noted. This type of zoning often results in relatively monotonous development. Each street tends to become very much like the neighboring street. Moreover, this type of single-family detached residential zoning may be wasteful of land. Often the sideyards are not large enough to be used for anything other than a path permitting someone to take the lawn mower from the frontyard to the backyard. Mod- ern planned-unit development zoning encourages va- riety, full use of all open space, and the addition of residential amenities to ensure a long, useful life of the development. It does this by waiving the tradition- al restrictions, which allow only single-family houses on spacious lots. Under planned-unit development zon- ing, the density of the area remains constant, but the developer may build an assortment of housing types — single-family units, duplexes, row houses, and apart- ments. This type of development, especially recom- mended for hilly terrain, has the added advantage of providing common parking facilities and play areas. For example, in a 5-acre area zoned at a density of four families per acre (approximately 10,000 square feet minimum lot size), the developer can build 20 units. He may choose to construct a row of 8 units plus 2 apartments of 6 units each, for a total of 20 units. This is the same number of units the developer could build under a traditional development of single- family homes. Under planned-unit development, how- ever, the developer may be able to achieve substan- tial savings in street and utility development. More important, the housing units can be laid out so that a substantial saving in land will be achieved. Many de- velopers add special amenities to their developments, including swimming pools, golf courses, and commu- nity centers. The planned-unit development is usually incorporat- ed into the zoning ordinance, not as a special zone, but as a conditional use in any of the residential zones. Usually it must conform to the density of the 26 zone in which it is located. In some communities, a 10- or 20-percent density bonus is offered as an incen- tive to encourage developers to use this method of building residential areas. Usually a 5-acre minimum is required, although in some communities there is an advantage in reducing this minimum to one or two acres to encourage planned-unit development where an entire block in a built-up area is still vacant and under single ownership. The development plan is reviewed by the Board of Adjustment, which may be assisted by outside consultants. Attention should be paid to de- signing the zoning ordinance so that the review proce- dure does not discourage developers from taking ad- vantage of the planned-unit development. ZONING PROCEDURE Developer submits plans to Zoning Officer who checks for conformance with the zoning ordinance approves X Zoning Officer issues zoning per- mit-Developer then submits plans to the Building Inspector who checks for conformance to build- ing codes F approves I Building Inspector issues build- ing permit and Developer con- structs building; Zoning Officer and Building Inspector inspect periodically When building is completed, Building Inspector makes final in- spection, issues Certificate of Oc- cupancy which Zoning Officer also signs. Health Officer and others may also inspect and sign Certificate of Occupancy at this point rejects Developer may request variance, rezone or cond- itional use permit rejects I Zoning permit is invali- dated PLATE NO. 6 TRADITIONAL ZONING RESIDENTIAL «4$gjejfc. SPECIAL SETBACKS BCR ACCESSORY BUILDUJS3 "*«& fn ^XpffiM/' / / III /MINIMUM LOT DEPTH Jy a mW*/^fencb. SPECIAL V j^W/ HE1 MANSION OF "FARM C 15 ABANDONED PLATE NO. 16 9. Zoning Slope Areas S^fefe^ 46 47 /^ ontour platting is the art of siting buildings on ^ land so that they do the least amount of damage to the natural lay of the land. In the same way that contour farming preserves the natural values of the land, good land development is achieved by placing homes in conformance with the natural flow of the land. Orderly development of the land does not abuse natural topographic features. There are still some land developers who pay no attention to existing topography. These are the gridiron real estate develop- ers. Unbuildable sites and unbuildable streets are their handiwork. One answer to the problem of how to make certain that difficult terrain is properly de- veloped is to place it in a special zoning category known as the slope zone. The idea behind the slope zone is that when prop- erty has an extreme slope to it, in excess of 20 per- cent, for example, the traditional setbacks and lot size requirements are no longer applicable. In fact, it may be that if the slope is severe enough, no development may be possible without endangering life on the prop- erty in question or endangering adjoining property owners. Slope zones are delineated in the same way as all other zones but, as a prerequisite, the land must have a general slope exceeding, for example, 20 per- cent. This places the burden of determining the topo- graphic slope of the land upon the city inasmuch as it develops the zoning ordinance. What kind of uses should be permitted in the slope zone? Generally, slope zones are restricted to resi- dential or open-space uses that fit harmoniously with residential developments. These include parks, play- grounds, nature trails, scenic drives and similar out- door uses. Under ideal conditions, all slope land subject to slide and thereby a threat to the safety of property owners both below and above should be pre- served. For most communities, there is a limit to the amount of open greenbelt space they can use (or afford) for recreational purposes. Also, in some com- munities, slope areas may be prime residential sites. The extent of slope area, the danger of slides, the de- mand for residential sites, and the community's plans for open-space acquisition should be examined in de- termining slope zones. Slope areas have special conditions that alter the entire approach to residential zoning. Two approaches are available. One way of handling the problem is to lay out the typical residential zones but to allow de- velopment of slope property only through the use of a conditional permit. Construction plans then must be submitted to the Board of Adjustment for review. The other approach is to create a special "slope zone" call- ing for special studies to be supplied by the developer before he is permitted to build on the property. Some situations may call for the builder to submit an engi- neering report on the ability of the property to with- stand sliding. Special storm drainage flow diagrams may be required to show that the property below will not be damaged by a rapid run-off. Consideration should be given to the provision of land-holding trees, plants, and retaining walls. In a slope area, it is often necessary to require that a greater lot area be set aside for each structure. It may be practical in some cases to use the planned-unit development technique. Under this system, the density of housing remains the same. The property is devel- oped in one large unit (usually a 5-acre minimum), and the developer is given the option of dropping the usual zoning setback requirements if he will build ac- cording to a plan. Slope areas provide an opportunity for the develop- ment of unique and unusual residential developments. It may be possible to place parking above the house. Pathways may lead to isolated structures. Covered walkways may connect several structures. All of these are features that have a special purpose in the slope area. They enable the developer to utilize land that cannot be properly developed under conventional zon- ing restrictions. The slope zone should be looked upon as providing an opportunity to develop often under- used parts of the community in a way that will bring not only added tax base revenue, but also inter- esting, varied residential developments. In some communities, the slope areas have already been platted into tiny lots on a gridiron pattern in such a manner that roads and properties cannot be developed. In some cases, this property was subdi- vided years ago, before subdivision procedures were 48 available for communities. The property may have been sold as part of land office booms to strangers outside the community. Perhaps the land was specula- tive. In these cases, time has taken its toll. If the land has remained undeveloped, the community has lost po- tential taxes. Properties may have been abandoned by owners burdened by back taxes. If the slope area has been improperly developed, the community may wish to begin a land assembly pro- gram. In a land assembly program, areas are designa- ted for long-range acquisition by the community. The community may already have acquired, through tax abandonment, properties that were found to be unsuit- able for development. The land assembly program continues to add property to the site until such time as a property of adequate size can be organized and sold to private developers for the construction of a planned-unit development. Slope zoning is most useful when there is a threat of development on existing, poorly platted land. Where the land is open, regulations in the subdivision ordinance may accomplish the same purpose. The slope zone gives assurance to the community that de- velopment of these problem areas will be achieved safely, efficiently, and with consideration for the pres- ervation of the natural features of the hillside. SLOPE ZONING SLOPE ABBA ZONE APP^OX-UvIATES ACTUAL 20% 3RADE AREA, BUT FOLLOWS FROPEBTY LINES; BOTJKrLiARY CAN BE REDRAWN CL03ER TO ACTUAL 20°/© A1JE.A AFTEE 3XJBI5IVI9I OIT NAPROW RQAD9 LOW DEN3I b^g BXCE93ITE GRArrE-. NO E>UILT>IK6-19"1 6