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THE BASICS

Essential facts and fundamentals of zoning.

What is Zoning?
Zoning Terms and Descriptions

Zoning Map

A Zoning Map outlines what properties are located in each district.  Each parcel, or piece of property, has a particular district allocated to it. These districts are also known as zones. It is important to understand what district your site is in. The assigned district determines how a property can be used. 

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Land Use

A purpose or activity, both principle or accessory, that may occur within a building or property.

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Rezoning

Rezoning is the categorical reclassification of land use as established by the official zoning map.  Rezoning will change the permitted use and development allowed on the property.

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Zoning Permit

A Zoning Permit is typically used to ensure that the land use of the planned development is consistent with local zoning regulations/ordinances.  Requirements to obtain a zoning permit vary by the local authority.  Some municipalities may require a zoning permit for a 'change of use'.

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Use by Right

Use by Right, or 'Permitted Use', indicates permissible use of property and structures consistent with applicable zoning designations.  Use by Right indicates that a special use or conditional use permit is not required.

 

Special Use Permit

A Special Use Permit (SUP) grants approval to use property or structures in a manner aligned with the stated zoning ordinance, although not indicated as of right.

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Conditional Use Permit

A Conditional Use Permit (CUP) is a zoning exception which grants approval to use property or structures under a set of approved conditions.

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Site Plan

A Site Plan, or 'Plot Plan', is a large scale diagram illustrating the full extent of the existing layout and proposed development of a property, or site.  Often included in the site plan are landscape features and outdoor elements such as buildings, driveways, drainage, lighting, sanitary sewer lines, parking, roads, and sidewalks.

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Bulk Requirements

Bulk Requirements are a a set of standards intended to regulate the size and layout of structures within a given zone.  These requirements typically include minimum lot area, setbacks, density, and floor area ratio.  Maximum building height, parking, and other requirements may also be identified.

  

Variance

A discretionary, limited waiver or modification of a zoning requirement.  Variances provide relief to a property owner from strict compliance with zoning regulations.  They are often approved in specific cases to alleviate an unusual hardship that would result from literal enforcement of the zoning requirements.  Specifically, variances are granted when the requirements of the zoning regulations render property very difficult or impossible to put to reasonable use because of some unique characteristic of the property itself.

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Building Permit

Building Permits are a type of authorization that must be granted by a government or other regulatory body before the construction of a new or existing building can legally occur.

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Fire Plan/Review/Permit

Fire Plan, Review, and Permit requirements vary based on local government.  These requirements may also fluctuate based on the scope of worked performed, such as tenant finishes, remodels, new construction (including commercial and residential), installation of fire detection and/or suppression systems, or other requirements based on current adopted fire codes.

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Inspection

An Inspection is a careful examination, or scrutiny, of all defined safety and code regulations and  compliance thereof.  An inspection is performed by a person who is employed by either a city, township or county and is usually certified in one or more disciplines qualifying them to make professional judgment about compliance.  Inspectors may have the authority to hold up construction progress until an inspection has been completed and approved.

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Violations

Non-compliance of zoning, building, or fire codes as defined by state, city, or municipal regulations.

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Certificate of Occupancy

A Certificate of Occupancy (CO) is a document issued by a local government agency certifying a structure's use, its compliance with applicable codes, and indicating it is suitable for occupancy.  The procedure and requirements for a CO vary based on municipality and on the type of structure.  Typically, obtaining a certificate of occupancy is required for new construction, a change in use of any land, building or structure, or if a change of ownership or tenancy occurs (except residential).  Generally, commercial buildings are not permitted to be occupied without a certificate of occupancy.

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Legal Conforming

The site (land use/lot/structure) complies with all zoning and/or building regulations in a given area.

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Legal Nonconforming

The site (land use/lot/structure) that was legally allowed under the applicable zoning and/or building regulations in effect at the time of establishment but which, due to subsequent changes in those regulations and/or codes, the site is now “nonconforming” to current standards.

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Nonconforming (in violation)

The site (land use/lot/structure) is not in conformity with the adopted regulations or amendments for the zoning district in which it was developed.

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Right to Rebuild

Refers to the owner's Right to Rebuild a legal nonconforming structure if it is damaged or destroyed.  Rebuild rights vary based on local ordinances.  'Grandfathered' property may or may not be allowed to rebuild to its original state due to current zoning laws. 

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Eminent Domain

Grants a governmental entity the right to take over private property for public use.

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Condemnation

The act of taking private property for public use.  In a condemnation action, the government takes both physical possession and a legal title to the property all or a portion of the property.

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American Land Title Association (ALTA)

The national trade association representing the abstract and title insurance industry.  Headquartered in Washington, D.C., ALTA establishes standard title policies and procedures.

Zoning consists of local laws/ordinances which guides the equal and practical distribution of development to satisfy the needs of a local government.  Typically, there is a master plan which supports a vision for the development of a given area.  Zoning is a tool which assists municipalities in the uniform implementation of that comprehensive plan.

 

This system of development categorizes geographical areas into zones or districts.  These zones/districts are restricted to specific uses and development that include retail, manufacturing, commercial, industrial, agricultural, parks, hospitality, single-family residential, multi-unit residential, as well as other purposes.

 

As the primary planning tool of municipalities, zoning guides community development, enhances and protects neighborhoods, consolidates retail business, concentrates industrial & manufacturing districts, and coordinates traffic flow.  Zoning is also used to preserve communities by preventing development from interfering with current uses.

Let's face it, there is nothing basic about zoning.  Sorting through codes, ordinances, setbacks, and even parking requirements can become overwhelming.  Whatever the project, allow the professionals at ZAP.Report to assist you by preparing the necessary reports to keep your project on task and on time.
ZAP.Report's "The Basics" exist to briefly and simply explain common terms used in the complex zoning industry.  These definitions will provide assistance when reviewing your ZAP reports.

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