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Nonconforming Use
Nonconforming use in urban planning is a type of zoning variance where a parcel of land may be given an exception from current zoning ordinances due to improvements made by a prior owner or before the current zoning ordinances made the desired use non-conforming under local law. Secondary suites are commonly permitted as a non-conforming use in the zoning district they are located in because the suite was developed prior to the zoning ordinance coming into effect. Discontinuance Intent The landowner may explicitly intend to discontinue the use by agreeing to end the use. Implied intent exists if the landowner fails to exercise the nonconforming use. If the landowner discontinues the nonconforming use after a specified period, commonly 21 years in many jurisdictions but shorter in many others, then the nonconforming use will be terminated and parcel will become subject to the zoning requirements of the area in which it is located. Such a discontinuance of the use implies the inte ...
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Special Use Permit
A special-use permit authorizes land uses that are allowed and encouraged by the ordinance and declared harmonious with the applicable zoning district. Purpose Land use is governed by a set of regulations generally known as ordinances or municipal codes, which are authorized by the state's zoning enabling law. Within an ordinance is a list of land use designations commonly known as zoning. Each different type of zone has its own set of allowed uses. These are known as by-right uses. Then there is an extra set of uses known as special uses. To build a use that is listed as a special use, a special-use permit (or '' conditional-use permit'') must be obtained. An example of a ''special-use permit'' may be found in a church applying for one to construct a church building in a residential neighborhood. Although the church building is not a residential building, the zoning law may allow for churches in the residential neighborhood if the local zoning authority may review the impac ...
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Urban Planning
Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, and the infrastructure passing into and out of urban areas, such as transportation, communications, and distribution networks and their accessibility. Traditionally, urban planning followed a top-down approach in master planning the physical layout of human settlements. The primary concern was the public welfare, which included considerations of efficiency, sanitation, protection and use of the environment, as well as effects of the master plans on the social and economic activities. Over time, urban planning has adopted a focus on the social and environmental bottom-lines that focus on planning as a tool to improve the health and well-being of people while maintaining sustainability standards. Sustainable development was added as one of th ...
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Zoning
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential, industrial), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the Uni ...
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Variance (land Use)
A variance is a deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the municipality. A variance may also be known as a standards variance, referring to the ''development standards'' contained in code. A variance is often granted by a Board or Committee of adjustment. Description A variance is an administrative exception to land use regulations. The use and application of variances can differ considerably throughout the great number of municipalities worldwide that regulate land use on this model. The issuance of variances may be very common, or nearly unheard-of in a given municipality. This can depend on a municipality's regulations, built environment and development pattern, and even political climate. One city may view variances as a routine matter, while another city may see variances as highly unusual ...
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Secondary Suite
Secondary suites (also known as accessory dwelling units, ADUs, in-law apartments and granny flats) are self-contained apartments, cottages, or small residential units, that are located on a property that has a separate main, single-family home, duplex, or other residential unit. In some cases, the ADU or in-law is attached to the principal dwelling or is an entirely separate unit, located above a garage or in the backyard on the same property. In British English the term ''annex'' or ''granny annex'' is used instead. Reasons for wanting to add a secondary suite to a property may be to receive additional income, provide social and personal support to a family member, or obtain greater security. Description Background Naming conventions vary by time-period and location but secondary suites can also be referred to as an accessory dwelling unit (ADU), mother-in-law suite, granny flat, coach house, laneway house, Ohana dwelling unit, granny annexe, granny suite, in-law suite, and acce ...
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Grandfather Clause
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied. Origin Southern United States The term originated in late nineteenth-century legislation and ...
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Zoning
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential, industrial), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the Uni ...
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Zoning In The United States (land Use)
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use (e.g. residential, industrial), they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development. Zoning is the most common regulatory urban planning method used by local governments in developed countries. Exceptions include the Unit ...
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Variance (land Use)
A variance is a deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the municipality. A variance may also be known as a standards variance, referring to the ''development standards'' contained in code. A variance is often granted by a Board or Committee of adjustment. Description A variance is an administrative exception to land use regulations. The use and application of variances can differ considerably throughout the great number of municipalities worldwide that regulate land use on this model. The issuance of variances may be very common, or nearly unheard-of in a given municipality. This can depend on a municipality's regulations, built environment and development pattern, and even political climate. One city may view variances as a routine matter, while another city may see variances as highly unusual ...
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Spot Zoning
Spot zoning is the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions. Spot zoning may be ruled invalid as an "arbitrary, capricious and unreasonable treatment" of a limited parcel of land by a local zoning ordinance.Eves v. Zoning Board While zoning regulates the land use in whole districts, spot zoning makes unjustified exceptions for a parcel or parcels within a district. The small size of the parcel is not the sole defining characteristic of a spot zone. Rather, the defining characteristic is the narrowness and unjustified nature of the benefit to the particular property owner, to the detriment of a general land use plan or public goals. The rezoning may provide unjustified special treatment that benefits a particular owner, while undermining the pre-existing rights and uses of adjacent property owners. This would be called an instance of spot zon ...
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