Zoning and Planning Overview
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Questions and Answers

What is the primary goal of creating a master plan?

  • To balance social and economic needs with environmental considerations (correct)
  • To increase housing prices
  • To promote urban sprawl
  • To maximize zoning restrictions

Which of the following elements is NOT required to be included in a master plan?

  • A statement of development objectives
  • A plan for movement of people and goods
  • A plan for housing needs
  • A detailed marketing strategy for local businesses (correct)

Which step comes directly after the planning commission develops plans based on their goals?

  • Survey and analysis
  • Public hearings
  • Reviewing the plan (correct)
  • Implementation and evaluation

What action must occur before a public hearing about the master plan can take place?

<p>The plan must be submitted for public comment 45 days prior (D)</p> Signup and view all the answers

Why is it important for cities and counties to coordinate their planning?

<p>To ensure plans don't contradict each other (A)</p> Signup and view all the answers

What must happen if a governing body votes to adopt a master plan?

<p>They must file the plan with the county within 30 days (C)</p> Signup and view all the answers

What kind of needs does the planning committee assess when creating a master plan?

<p>A combination of social, economic, infrastructural, and environmental needs (D)</p> Signup and view all the answers

How frequently must a master plan be updated?

<p>Every 10 years (D)</p> Signup and view all the answers

Which of the following is an optional element that could be included in a master plan?

<p>An energy conservation plan (B)</p> Signup and view all the answers

Which of the following statements is true regarding housing stock in master plans?

<p>Current housing stock must be analyzed to assess community needs (A)</p> Signup and view all the answers

What is one consequence of limiting building permits and subdivision creation in a master plan?

<p>It can help guide growth more effectively (C)</p> Signup and view all the answers

What should be included in the plan regarding the supply of water?

<p>A plan to ensure reliable supply of water (C)</p> Signup and view all the answers

What is a key element of the implementation phase of a master plan?

<p>Drafting zoning laws and subdivision ordinances (D)</p> Signup and view all the answers

What is one major component that must be surveyed before creating a master plan?

<p>Demographic and economic characteristics (C)</p> Signup and view all the answers

Who has the authority to create a planning commission or department under the Pennsylvania Municipalities Planning Code?

<p>Elected officials (C)</p> Signup and view all the answers

What is the main responsibility of a planning commission or department?

<p>Creating a master plan (B)</p> Signup and view all the answers

What is a key aspect of zoning regulations?

<p>They specify permitted land uses. (D)</p> Signup and view all the answers

Which type of board is responsible for addressing appeals related to zoning decisions?

<p>Zoning board of appeals (D)</p> Signup and view all the answers

What typically must happen after a master plan is created?

<p>It is voted on by the local legislative body. (A)</p> Signup and view all the answers

Which term refers to a modification of existing zoning regulations for a specific property?

<p>Variance (D)</p> Signup and view all the answers

What is a non-conforming use in zoning terms?

<p>Properties using land in a way not allowed by current zoning. (A)</p> Signup and view all the answers

Which aspect is NOT typically a responsibility of a planning department?

<p>Conducting criminal background checks (C)</p> Signup and view all the answers

What is the primary benefit of inclusionary zoning for municipalities?

<p>It promotes mixed-use communities without additional costs. (A)</p> Signup and view all the answers

How does cluster zoning differ from traditional zoning methods?

<p>Density is determined for a larger area, not individual lots. (D)</p> Signup and view all the answers

Which of the following is a common concern associated with cluster zoning?

<p>NIMBY-ism and its related issues. (B)</p> Signup and view all the answers

What is a characteristic of a floating zone?

<p>It is only activated through specific development proposals. (C)</p> Signup and view all the answers

What type of zoning is used to ensure buildings conform to specific architectural standards?

<p>Aesthetic zoning. (D)</p> Signup and view all the answers

What is a primary advantage of cluster zoning?

<p>It makes it easier to offer affordable housing. (A)</p> Signup and view all the answers

What common misconception do communities have regarding cluster zoning?

<p>It will cause noise and traffic increases. (D)</p> Signup and view all the answers

Which statement accurately describes historic districts?

<p>They preserve buildings of historic significance. (D)</p> Signup and view all the answers

Which factor contributes to housing being more affordable in cluster-zoned developments?

<p>Densely packed multi-unit or attached buildings. (D)</p> Signup and view all the answers

How does floating zoning differ from spot zoning?

<p>Floating zoning is in the public interest and allows specific project proposals. (C)</p> Signup and view all the answers

In what way can cluster zoning contribute to environmental goals?

<p>By preserving uncultivated areas for wildlife. (B)</p> Signup and view all the answers

What is one goal of aesthetic zoning?

<p>To maintain a consistent architectural appearance in an area. (D)</p> Signup and view all the answers

What is an outcome that cluster zoning typically seeks to achieve in community design?

<p>Creation of close-knit, walkable communities. (B)</p> Signup and view all the answers

Which type of zoning provides a method for fostering denser development under specific conditions?

<p>Floating zoning. (A)</p> Signup and view all the answers

What is urban planning primarily aimed at achieving in cities?

<p>Creating more livable, healthy, affordable, and equitable environments (C)</p> Signup and view all the answers

What is the primary negative impact of urban sprawl?

<p>It contributes to environmental harm and increased driving times (A)</p> Signup and view all the answers

Which of the following is a benefit of urban planning?

<p>Controlled density that supports open spaces and community access (C)</p> Signup and view all the answers

Which element is NOT typically a focus of urban planning?

<p>Encouraging low-density suburban sprawl (C)</p> Signup and view all the answers

Which statement best reflects the notion of smart development in urban planning?

<p>Thoughtful growth that accounts for community infrastructure needs (C)</p> Signup and view all the answers

How does urban planning contribute to the concept of community?

<p>By creating comprehensive spaces for diverse community engagement (C)</p> Signup and view all the answers

What does density in urban planning refer to?

<p>The clustering of people and amenities to minimize car usage (C)</p> Signup and view all the answers

According to the urban planner community, what is sprawl often associated with?

<p>Car dependency and unplanned land consumption (B)</p> Signup and view all the answers

What is the main purpose of having local zoning regulations?

<p>To address the specific needs of each locality (A)</p> Signup and view all the answers

Which classification typically allows residential homes as well as certain community facilities?

<p>Residential (D)</p> Signup and view all the answers

What does as-of right zoning allow for in terms of development?

<p>Development without the need for community board approval (C)</p> Signup and view all the answers

In what type of zoning are density bonuses typically provided?

<p>Inclusionary zoning (B)</p> Signup and view all the answers

What significant challenge does as-of right zoning pose in densely populated areas?

<p>It can lead to unexpected community opposition to large developments (C)</p> Signup and view all the answers

Which of the following is NOT a common zoning classification?

<p>Environmental (C)</p> Signup and view all the answers

What is a potential result of poorly designed zoning regulations in a large city?

<p>Overlapping and confusing zoning categories (D)</p> Signup and view all the answers

What distinguishes Philadelphia's zoning from that of York, PA?

<p>Philadelphia has more complex zoning regulations (A)</p> Signup and view all the answers

What type of zoning typically involves land designated for recreational uses?

<p>Recreational (A)</p> Signup and view all the answers

Which type of zoning is associated with development that includes both residential and commercial uses?

<p>Mixed-use zoning (B)</p> Signup and view all the answers

What is the primary focus of conservation land zoning?

<p>Protecting environmentally sensitive areas (C)</p> Signup and view all the answers

Which of the following best defines 'buffer zones' in zoning regulations?

<p>Transitional areas used to separate incompatible land uses (A)</p> Signup and view all the answers

Which zoning classification is primarily concerned with ancient buildings and historical significance?

<p>Historical or landmarked districts (B)</p> Signup and view all the answers

Why is zoning considered to have to be local?

<p>Each community has specific socio-economic and geographical needs (A)</p> Signup and view all the answers

What is a primary function of zoning regulations?

<p>To determine how land can be used within a community. (C)</p> Signup and view all the answers

How often must the zoning plan be updated?

<p>Every 10 years (C)</p> Signup and view all the answers

Which of the following is a component of zoning regulations?

<p>Height restrictions for buildings in commercial zones. (B)</p> Signup and view all the answers

What does 'upzoning' refer to?

<p>Changing zoning to allow for more people in an area. (B)</p> Signup and view all the answers

Which of the following best describes 'downzoning'?

<p>Restricting density to accommodate fewer inhabitants. (D)</p> Signup and view all the answers

What role does a zoning hearing board (ZHB) play in zoning?

<p>They interpret zoning regulations passed by local governments. (B)</p> Signup and view all the answers

What must precede creating zoning regulations?

<p>Approval of a master plan. (C)</p> Signup and view all the answers

Which statement reflects the purpose of zoning classifications?

<p>They define the types of uses permitted in specific areas. (C)</p> Signup and view all the answers

What is a potential consequence of inconsistent zoning?

<p>Discriminatory housing situations. (B)</p> Signup and view all the answers

What is the function of a master plan in relation to zoning?

<p>To outline community priorities that zoning will follow. (A)</p> Signup and view all the answers

What does the term 'setback' refer to in zoning regulations?

<p>The distance a building must be from the street or neighboring structures. (C)</p> Signup and view all the answers

Which of the following is typically NOT regulated by zoning laws?

<p>Local school curriculum (D)</p> Signup and view all the answers

What aspect does zoning NOT typically address?

<p>Public utility rates in residential areas. (D)</p> Signup and view all the answers

What is the main purpose of buffer zones in zoning?

<p>To allow residential and industrial zones to coexist without conflict. (C)</p> Signup and view all the answers

Which body is primarily responsible for interpreting zoning laws?

<p>Zoning Hearing Board (B)</p> Signup and view all the answers

What must an applicant demonstrate to be granted a variance?

<p>That the hardship is unique to their property. (B)</p> Signup and view all the answers

What distinguishes an area variance from a use variance?

<p>An area variance applies to the physical characteristics of the land. (B)</p> Signup and view all the answers

Which of the following is NOT a factor considered for granting a variance?

<p>The potential economic gain for the applicant. (B)</p> Signup and view all the answers

What does the register of historic places provide to owners of historically significant buildings?

<p>Tax credits for approved repairs or restorations. (B)</p> Signup and view all the answers

What is a special exception in zoning law?

<p>A predetermined allowance in a zoning ordinance for specific uses. (A)</p> Signup and view all the answers

What does 'unnecessary hardship' refer to in the context of variances?

<p>A legitimate difficulty not caused by the landowner. (B)</p> Signup and view all the answers

Which of the following statements is true regarding buffer zones?

<p>They are chosen by planners to enhance compatibility between zones. (B)</p> Signup and view all the answers

Which of the following scenarios would likely require an application for a variance?

<p>Opening a gas station in a location designated for residential use. (B)</p> Signup and view all the answers

What role does the Pennsylvania Municipalities Planning Code play in zoning?

<p>It establishes the framework for zoning regulations. (D)</p> Signup and view all the answers

What instance would qualify for an appeal to the Zoning Hearing Board?

<p>A homeowner disputes a zoning officer's decision on a setback requirement. (C)</p> Signup and view all the answers

In what situation might a Zoning Hearing Board grant a use variance?

<p>Locating a gas station in a residential zone contrary to the current designation. (B)</p> Signup and view all the answers

Which characteristic is essential for a property owner to obtain a variance?

<p>Unique physical circumstances affecting property use. (C)</p> Signup and view all the answers

What is a nonconforming use?

<p>A property that was compliant when built but now violates current zoning laws. (B)</p> Signup and view all the answers

What is a legacy exception in zoning law?

<p>A rule that allows existing nonconforming structures to remain unchanged. (C)</p> Signup and view all the answers

What occurs to a nonconforming structure if it is damaged significantly?

<p>It must be rebuilt according to the new zoning regulations. (C)</p> Signup and view all the answers

What is spot zoning?

<p>A targeted rezoning of a small parcel of land benefitting only one property owner. (D)</p> Signup and view all the answers

In what scenario does a nonconforming use become illegal?

<p>When it ceases operation for a set timeframe as defined by local law. (B)</p> Signup and view all the answers

Which role does a zoning officer NOT have?

<p>Interpret the zoning laws and make exceptions. (D)</p> Signup and view all the answers

Why is a certificate of occupancy (CO) necessary?

<p>To facilitate the sale or occupation of the building. (A)</p> Signup and view all the answers

What happens if a building is found violating safety codes after completion?

<p>The owner may face civil or criminal charges. (D)</p> Signup and view all the answers

What differentiates zoning from building codes?

<p>Zoning regulations control land use, whereas building codes ensure safety and construction practices. (D)</p> Signup and view all the answers

What is typically required before building can commence?

<p>An issued building permit from the local authority. (A)</p> Signup and view all the answers

What challenges can arise from having a mismatched certificate of occupancy?

<p>It complicates financing for potential buyers and may require extensive adjustments. (B)</p> Signup and view all the answers

What is one primary method for enforcing zoning laws?

<p>Issuance of building permits. (A)</p> Signup and view all the answers

How does a variance differ from spot zoning?

<p>A variance allows one property to deviate from zoning law, while spot zoning changes the law for a specific area. (D)</p> Signup and view all the answers

Flashcards

What does the Pennsylvania Municipalities Planning Code (MPC) do?

The Pennsylvania Municipalities Planning Code (MPC) is a law that empowers municipalities to conduct planning, zoning, and land-use management activities. It also enables the formation of planning commissions and departments.

What is the purpose of a planning commission or department?

Planning commissions and departments are responsible for creating a master plan for the community, which outlines its future development and land use.

What is a master plan?

A master plan, also known as a comprehensive plan, is a document that outlines a community's future development goals, including land use, transportation, housing, and infrastructure.

What are the responsibilities of a planning commission or department?

In addition to creating a master plan, they can also prepare zoning ordinances, subdivision regulations, building codes, and recommend capital improvements programs.

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Who creates and approves the master plan?

The planning commission or department creates the master plan, and the local legislative body (such as a city council or township board) votes to adopt or reject it.

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What is the purpose of zoning regulations?

Zoning regulations determine what types of land uses are permitted in different areas of a community.

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Why is it important to understand zoning?

Understanding zoning is crucial for anyone involved in construction, real estate, or development, as it dictates what can be built and how land can be used.

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Who creates zoning regulations?

Planning commissions or departments create the zoning regulations, which are then approved by the local legislative body.

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Why are master plans important?

Master plans help guide growth, ensure sustainable development, and balance conflicting needs, like economic progress and environmental protection.

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What are the steps in creating a master plan?

The steps include research, data analysis, identifying goals, creating a plan, reviewing, implementing, and evaluating.

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What data is used to create a master plan?

Data includes population demographics, housing stock, infrastructure needs, environmental concerns, historical preservation, and growth patterns.

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What are the required components of a master plan?

A master plan must include a statement of community objectives, plans for land use, housing, transportation, community facilities, natural resource protection, water supply, interrelationships, strategies, and consistency with county plans.

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What are optional components of a master plan?

Optional elements include identification of growth areas, an energy conservation plan, and specific considerations for agricultural and historical preservation.

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How are counties involved in master planning?

County plans must address land uses related to natural resources, land uses with regional impact, agricultural preservation, and historical preservation.

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How do city and county master plans interact?

Cities and counties must coordinate their plans to ensure consistent development across both levels of government.

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How is a master plan approved?

The planning commission submits the plan for public comment, then holds public hearings. After feedback, the governing body votes to adopt or reject the plan.

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How is a master plan implemented?

The governing body enacts zoning laws and subdivision ordinances based on the plan, and creates a map reflecting the planned development.

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How often are master plans updated?

Master plans must be updated at least every 10 years to reflect changing needs and circumstances.

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What are zoning regulations?

Zoning regulations determine what types of land uses are permitted in different areas of a community.

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How do zoning regulations relate to the master plan?

Zoning regulations are based on the priorities and goals outlined in the master plan.

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What are subdivision ordinances?

Subdivision ordinances regulate how land is divided into smaller parcels for development.

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Why is public participation important in master planning?

Public participation ensures that the plan reflects the needs and desires of the community, making it more likely to be successful.

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What does zoning regulate?

Zoning regulations determine how land is used, what structures are allowed, and how dense an area can be. It governs factors like building height, setbacks, and parking requirements.

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Who enforces zoning regulations?

Local governments, like city councils and planning commissions, are responsible for creating and enforcing zoning regulations.

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How are zoning and master plans connected?

Zoning regulations are derived from a community's master plan. The plan outlines the goals, and zoning implements those goals.

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What are the two parts of creating zoning ordinances?

Creating a zoning map to divide the area into zones, and outlining the permitted uses within each zone.

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What is upzoning?

Upzoning changes an area's zoning to allow for higher density, allowing more people to live in the same space.

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What is downzoning?

Downzoning changes an area's zoning to restrict density, limiting the number of people allowed in a specific space.

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What is density in zoning?

Density refers to the number of people living within a certain area. A higher density area has more people per square mile.

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What are the steps to updating a master plan?

Master plans must be reviewed and updated at least every 10 years, considering changes in community needs, growth, and environmental factors.

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What is the role of the zoning hearing board (ZHB)?

The ZHB is responsible for interpreting zoning regulations and resolving disputes related to land use.

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What makes a zoning regulation fair?

Fair zoning regulations are clear, applied consistently, avoid discrimination, and are reasonable in their restrictions.

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How do air rights work in zoning?

Some places allow residents to sell their air rights, which means the right to build a structure above a certain level.

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What is setback in zoning?

Setback refers to the required distance a building must be from the property line or street.

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What is lot coverage in zoning?

Lot coverage refers to the maximum amount of land that can be covered by structures on a specific lot.

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What are some examples of public usage land in zoning?

Land set aside for public use includes areas like streets, schools, hospitals, parks, green spaces, and utility right-of-ways.

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What are residential zones?

Areas where people live, primarily for housing. They can include anything from single-family homes to high-rise apartments.

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What are commercial zones?

Areas designated for businesses and retail, including stores, restaurants, and hotels.

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What are industrial zones?

Areas dedicated to manufacturing and warehousing, handling production and storage.

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What are agricultural zones?

Areas reserved for farming and raising crops and animals.

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What are institutional zones?

Areas designated for public institutions like schools, hospitals, and courthouses.

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What are open space zones?

Areas preserved for natural features like forests, parks, and shorelines, often emphasizing recreation and conservation.

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What are conservation land zones?

Areas with special regulations to protect sensitive ecological features like wetlands, coastal areas, or wildlife habitats.

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What are recreational zones?

Areas designed for public recreational uses, such as city parks, beaches, biking trails, and hiking areas.

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What is 'as-of-right zoning'?

Development that doesn't need approval from a board because it meets the zoning regulations for the area.

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When is as-of-right zoning controversial?

It can be controversial for large projects in dense areas when residents worry about the lack of public input and potential negative impact.

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What is 'incentive zoning'?

When zoning regulations are relaxed, often adding density, to encourage development that benefits the community.

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What is 'inclusionary zoning'?

A type of incentive zoning where developers offer affordable housing units in exchange for density bonuses.

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What is 'cluster zoning'?

A zoning approach allowing houses to be clustered together in a smaller area to preserve open space.

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What are 'floating zones'?

Zoning regulations that can be applied to any eligible site within a municipality, not just those in a specific zone.

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What is 'aesthetic zoning'?

Zoning that regulates building design, appearance, and architectural style to maintain a visually pleasing environment.

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How does Cluster Zoning work?

Cluster zoning allows developers to group dense housing areas together on a site while dedicating the rest of the land to green spaces.

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What are the benefits of Cluster Zoning?

Cluster zoning promotes walkable/bikeable communities, increases green space, makes affordable housing easier, and encourages a sense of community.

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What is the 'NIMBY' effect related to zoning?

NIMBY (Not In My Back Yard) describes a common attitude against beneficial projects like affordable housing, fearing negative impacts on their neighborhood.

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What is a Floating Zone?

It's a flexible zoning provision that allows the planning commission to approve specific desirable developments within a general zoning area.

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What is the main purpose of Aesthetic Zoning?

Aesthetic zoning requires new buildings to meet certain architectural standards to maintain a cohesive visual appeal.

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What are Historic Districts and Landmark Preservation?

These zoning types protect buildings of historical, artistic, or architectural significance by setting restrictions on alterations or demolition.

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How are Floating Zones different from Spot Zoning?

Floating zones are legal and designed for the public interest, while spot zoning is often illegal and benefits a specific, often favored, developer.

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What is the primary downside of Aesthetic Zoning?

It can limit individual expression and creativity in building design, potentially leading to a uniform and less diverse neighborhood.

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How does Inclusionary Zoning benefit communities?

It helps create diverse, mixed-income neighborhoods, making housing more accessible for a wider range of residents.

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What is the relationship between Cluster Zoning and Sustainability?

Cluster zoning is often linked to sustainability by emphasizing green spaces, reducing the environmental footprint, and promoting less car-dependent living.

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How can Cluster Zoning help create a sense of community?

It encourages interaction among residents by creating walkable, shared green spaces and promoting social activities.

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Why is understanding NIMBY attitudes important for urban planners?

NIMBY concerns can hinder beneficial projects, so addressing their concerns early on and finding creative solutions is crucial.

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How can Floating Zones be beneficial for a community?

They allow for more control over the type and location of development, ensuring alignment with the community's vision for future growth.

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What is a historic district?

An area designated for preserving historical buildings and their unique character. It might restrict development, require specific materials for updates, or include historical signage.

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What is the National Register of Historic Places?

A list of significant historic buildings or sites that are recognized for their cultural or historical value. Being listed doesn't require preservation, but it offers tax credits for repairs.

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What is a buffer zone?

An area that separates different land use zones, like a park between a residential area and an industrial zone. It's not a formal zoning rule, but a design feature for a more pleasant environment.

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What is a Zoning Hearing Board (ZHB)?

A quasi-judicial body that reviews requests from landowners regarding zoning rules. They decide on variances, special exceptions, and challenges to zoning regulations.

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What is a variance?

A permission granted by the government to allow land use that isn't allowed by the current zoning rules. It's usually granted when the property owner faces a specific hardship.

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What is 'unnecessary hardship' in zoning?

A situation where a property owner demonstrates a significant issue that prevents them from using their land according to zoning rules, not caused by their own actions, that can be solved by a variance.

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What is an area variance?

A variance that changes the physical characteristics of the land, like allowing a smaller setback on an oddly shaped lot.

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What is a use variance?

A variance that allows a specific land use not permitted by the zoning rules, like opening a gas station in a residential zone.

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What is a special exception?

A specific type of land use outlined in the zoning ordinance that requires approval from the ZHB, like opening a temple in a neighborhood.

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Nonconforming Use

A property's use that was legal when established but now violates updated zoning laws.

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Legacy Exception

Allows nonconforming uses to continue as long as they don't pose health or safety risks.

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Illegal Nonconforming Use

A nonconforming use that becomes illegal due to certain actions or changes.

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Spot Zoning

Rezoning a small parcel for a different use than surrounding areas, often benefiting the owner.

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Variance vs. Spot Zoning

Variance allows one property to break zoning rules, while spot zoning changes the law itself for a small area.

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Building Permit

Official authorization to start construction, granted if plans meet zoning and building codes.

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Certificate of Occupancy (CO)

Issued after a building passes final inspection, allows occupancy or sale.

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Building Safety Inspectors

Ensure compliance with building, fire, and safety codes through regular checks.

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Zoning Officer

Administers zoning ordinances but cannot interpret laws or grant variances.

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Court System

The ultimate enforcer of zoning and building codes, resolving disputes and interpreting regulations.

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Unofficial Enforcement

Informal enforcement by professionals interacting with zoning laws daily.

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Master Plan

A blueprint for a community's future development, including land use, transportation, and housing.

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Zoning Regulations

Rules that determine allowable land uses in different areas of a community.

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Subdivision Ordinances

Regulations governing how land is divided into smaller parcels for development.

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Public Participation in Master Planning

Involving residents in creating the master plan to ensure it meets their needs and is successful

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Why is urban planning important?

Urban planning helps create livable, healthy, affordable, and equitable cities by ensuring spaces are designed for people, not just cars or businesses.

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What is sprawl?

Sprawl is unplanned, low-density development that relies heavily on cars. It results in car-dependent communities often with limited green spaces and services.

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Why is sprawl bad?

Sprawl leads to environmental damage (more driving), decreased happiness (longer commutes), and higher costs (lack of efficient infrastructure).

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What is density in urban planning?

Density refers to the number of people living in a particular area. Higher density means more people living closer together.

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What are the benefits of density?

Density encourages walking and cycling, reduces the need for car travel, and allows for more green spaces and amenities within a smaller area.

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How does urban planning create livable cities?

Urban planning uses laws and regulations to encourage development that prioritizes people's needs, like green spaces, affordable housing, and walkable streets.

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What is the relationship between urban planning and environmental sustainability?

Urban planning aims to create cities that are environmentally sustainable by promoting density, reducing car dependence, and prioritizing green spaces.

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What is smart growth?

Smart growth is a development approach that prioritizes sustainable development and minimizes sprawl by focusing on planned growth, density, walkable communities, and preserving green spaces.

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Study Notes

Planning and Zoning Overview

  • Importance of Zoning: Zoning regulations dictate permissible development and significantly shape a community's physical character. Understanding zoning is crucial for real estate professionals dealing with builders and commercial brokers. Modifying zoning is not straightforward and success is not guaranteed.

Pennsylvania Municipalities Planning Code (MPC)

  • Purpose: The MPC (1968) empowers municipalities to manage land use, planning, and zoning.
  • Planning Bodies: Cities and towns can establish a planning commission, planning department, or both. These are community-appointed bodies (3-9 members) serving four-year terms.

Master Plans

  • Purpose: Provides a framework for community development, balancing social/economic needs with environmental and aesthetic concerns. Zoning regulations are derived from the master plan's priorities.

  • Creation Process: Planning bodies research and compile physical surveys, demographics, infrastructure needs, housing stock, transit, economic trends, historic preservation concerns, and growth patterns (population increase/decrease, optimal growth level). Input from stakeholders.

  • Required Plan Components: A statement of community development objectives, land use, housing needs, movement of people/goods, community facilities/utilities, protection of natural/historic resources, water supply, interrelationships among elements and their consequences, implementation strategies (short/long term), development consistency with contiguous and county plans.

  • Optional Plan Components: Growth and development areas, energy conservation plans.

  • County Plans: County plans, distinct from city/town plans, must address land use related to natural resources, regional impacts, prime agricultural land, and historic preservation. Coordination between city/town and county planning is encouraged by the MPC.

  • Plan Approval: Plan submitted to neighbors, county, and affected school districts for comment (45 days before hearing). Public hearings by planning and governing bodies (45 days after submission). Changes made based on feedback. Governing body votes (adoption/rejection). Approved plan filed with county within 30 days of adoption by the governing body. Zoning laws and subdivisions based on the approved master plan are developed by the governing body; planning commissions can assist. Redrawing municipality maps to reflect the plan is authorized.

Zoning Regulations

  • Purpose: Control permissible land uses, lot sizes, building heights, structures, setbacks, density, parking, air rights transfer, natural resource use, public space allocation, historic preservation, accessory buildings, lot coverage. Creating and enforcing regulations is the responsibility of local governments (city councils, planning commissions).
  • Zoning Classifications (Common): Residential, Commercial, Industrial, Agricultural, Institutional, Open space, Conservation, Recreational. Municipalities' specifics may deviate.
  • Zoning Regulation Differences: The more complex the municipality, the more diverse and intricate the regulation system may be. Large cities may have more zones and sub-zones.

Zoning Concepts (Common)

  • As-of right zoning: Development allowed without specific approval, but large developments in dense areas may spark controversy.

  • Incentive zoning: Density bonuses for public interest projects (transit, green space, affordable housing).

  • Inclusionary zoning: Density bonuses for affordable/senior/multi-unit housing.

  • Cluster zoning: Increased density in specific areas, but with more open space.

  • Floating zones: Flexible zones for desirable development types, activated by specific project proposals.

  • Aesthetic and historic zoning: Preservation of historic appearance/architecture is ensured through regulation.

  • Buffer zones: Transitional areas separating different zones.

  • Zoning Hearing Board (ZHB): This quasi-judicial body interprets zoning laws, handles variance applications (area, use, special exception).

  • Variances: Permission to use property outside zoning regulations.

  • Non-conforming uses: Existing lawful uses permitted to continue, but not to expand, after a zoning regulation change. Exceptions can expire or require rebuild under new regulations based on standards defined by municipality's zoning laws.

  • Spot zoning: Rezoning a small parcel differently from the surrounding area (typically illegal).

Zoning Enforcement

  • Building permits: Required prior to construction and adherence to zoning regulations/building codes.
  • Certificates of Occupancy (CO): Certifies completed building compliance. Needed for sale/occupancy.
  • Enforcement by inspectors/officers: Ongoing checks for code compliance following construction, potential fines or legal action.
  • Court system: Final enforcement mechanism.

Urban Planning & Sprawl

  • Importance: Aims to make cities more livable & equitable. It seeks open space, green areas, community facilities, transportation, and affordable housing to promote human enjoyment of localities.
  • Sprawl: Low-density, car-dependent communities with poor infrastructure that negatively impacts the environment and individual lives due to long commute times.

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Description

This quiz covers the essential aspects of zoning regulations and their impact on community development. It also discusses the Pennsylvania Municipalities Planning Code (MPC) and the creation of master plans. Understanding these concepts is vital for real estate professionals and community planners.

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