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Zoning and Development Ordinances

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A review of municipal zoning ordinances will reveal that there are many commonalities in them. This is due in part to statewide planning requirements, but it is also partly due to history. Federal enabling legislation provided a set of model zoning regulations that have evolved over time. Following are elements commonly found in municipal zoning ordinances:

Zoning Administration

  • Administrative Regulations
  • Amendments and Changes
  • Establishment of Zones
  • Boundaries
  • Zoning of Annexed Areas

Enforcement

General Provisions

  • Building/Occupancy Permits
  • Vision Clearance
  • Fences, Hedges, Walls, and other Structures
  • Access
  • Setback requirements
  • Height restrictions
  • Geologic hazards

Definitions

Districts

  • Residential
  • Commercial
  • Industrial
  • Open Space
  • Other

Conditional Use Permits

Off-Street Parking

Signs

Non-Conforming Uses

Variances

Planned Unit Development (PUD)

Overlay Zones

  • Airport Approach
  • Floodplain
  • Steep Slopes

While this list is not intended to be comphensive, it provides an example of what most zoning ordinances address.

Example District (Lakeside)

ARTICLE 4. RESIDENTIAL ZONES--GENERAL SINGLE-FAMILY (G-S)

SECTION:

4.000: General Single Family Zone (G-S)
4.010: Permitted Buildings and Uses
4.020: Buildings and Uses Permitted Conditionally
4.030: Lot Requirements
4.040: Lot Dimensions
4.050: Yard Regulations
4.060: Site Development Standards

Section 4.000 General Single Family Zone (G-S). A district for an integrated variety of single-family dwelling types.

Section 4.010 Permitted Buildings and Uses.

  1. Single-family homes.
  2. Planned Unit Developments. Planned Unit Developments are subject to the provisions of Article 10 of this Code.
  3. Home occupations. Home Occupations are subject to the provisions described in Section 2.050.
  4. Gardens and greenhouses for the raising and harvesting of fruit and vegetables and flowers for non-commercial use.
  5. Accessory buildings and uses to the extent necessary and normal in a residential neighborhood. Accessory buildings are not permitted in the front yard.
  6. Manufactured homes.
  7. Residential home care.

Section 4.020 Buildings and Uses Permitted Conditionally.

  1. Cemetery.
  2. Church, non-profit religious or philanthropic institution.
  3. Community center.
  4. Government structure and use of land including but not limited to park, playground, fire station, or library.
  5. Hospital.
  6. Kindergarten, nursery school, day nursery, or similar facility.
  7. Private golf course and county club, but excluding golf driving range, miniature golf course or similar facility.
  8. Private noncommercial recreational club such as tennis club, swimming club, an archery club, but excluding commercial amusement enterprises.
  9. Accredited public and private schools.
  10. Public utility facility.
  11. Mobile home trailer park.
  12. Two-family dwellings.
  13. Cottage industry.
  14. Multi-family dwelling.
  15. Recreational vehicles and travel trailers (see Section 12.150).

Section 4.030 Lot Requirements. The minimum lot area shall be 6,000 square feet for a single-family dwelling and manufactured homes, and 8,000 square feet for a two-family dwelling. For three or more dwelling units per structure, 2,500 square feet of land will be required for each additional living unit. Each lot must be served by a public water system and a public sewerage disposal system. If these services are not provided, minimum lot size shall be governed by City Code and State Law. Existing 5,000 square foot lots are exempt from these provisions.

Section 4.040 Lot Dimensions. Lot width at front building line shall be at least 60 feet. Lot depth shall be at least 100 feet. See Section 2.020 of this Zoning Ordinance and Section 27 of Subdivision Ordinance.

Section 4.050 Yard Regulations.

  1. The front yard shall be a minimum of 20 feet.
  2. Each side yard shall be a minimum of 5 feet.
  3. The street side yard shall be a minimum of 15 feet.
  4. The rear yard shall be minimum of 15 feet, except that structures (including projections) shall be allowed to abut, but not intrude into, the right-of-way of an alley running parallel to the rear lot line.
  5. No structure shall be located closer than 40 feet from the center line of a street, other than an alley or easement.

Section 4.060 Site and Development Provisions.

Building or Structural Height Limitations:

  1. Residential Buildings: The maximum building or structural height shall be thirty-five feet (35').
  2. Accessory Buildings: The maximum building or structural height shall be twenty feet (20').

Fences: See Code Section 2.015.

Vision Clearance: See Code Section 2.010.

Off-Street Parking: See Code Section 13.100.

Signs: See Code Article 14.

Manufactured Home Design Standards: See Code Section 2.045

Writing zoning codes

Not that much different than other research—except that it generally gets reviewed by an attorney.

Possible approaches:

  • Review literature (APA, etc)
  • Review model ordinances
  • Review other city’s ordinances
  • Talk to planners

Ordinances and resolutions

Resolutions should deal with a temporary or special policy matter. A resolution is administrative because it executes a law already in effect, and resolution adoption procedures are usually less circumscribed than those for an ordinance. Policy adoption and other administrative matters are examples of actions that are proper subjects for action by resolution.

Ordinances should be use for legislation intended to have a permanent and general effect. Ordinance adoption procedures are prescribed by charter or statute and must be followed strictly. Unless an ordinance contains an emergency clause, it usually does not take effect immediately and is subject to the constitutional local referendum right.

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This page maintained by Bob Parker
February 07, 2001