Agenda - Planning Commission - 02/07/1995

Home

a[mo For Plannin9 and Zoning Professionals ISBN 0748-0083 VOL 13, NO 1 -- JAN ~0, 1995 -- Charles Reed, AICP, Editor]Publisher -- $58/year/subscription DISCRETIONARY APPROVALS IN ZONING CODES -- THE FIVE TYPES OF SPECIAL APPROVALS Special approvals involve some degree of dis- cretion or judgement I~y a government deciding ~ty of subjective or non-quantified re- quirements and standards imposed by the zon- ing code on an appl!cation for development. General approvals ar~ non-discretionary, in- volving little or no judgement by a government deciding authority ofF objective or quantified requirements and stdndards imposed by the zoning code on an application for development. All approvals can be lappealed by parties in- volved in the application, the course of appeals for each of the varioqs types of approvals be- ing described by the z~)ning code. The five special ap_~rovals can be classified within a hierarchy of ~east to most discretion. They are: site plan approval, approval for uses by right with qualifications, variances, special exceptions as we describe them, and condition- al uses. The amount arid type of discretion--the limits of subjectivity 0 considered by the deci ing its decision, is gui. listed in the zoning c authorized by state '. and by case law. Th, rights of persons as a r judgement--that e{tn be fling authority, in render- led by written standards ode. The standards are }ontng enab~ng statutes ,y serve to protect the .plicants, adjoining prop- erty owners and occupants, the neighbors and the community in gerieral from arbitrary ac- tions on any application by the deciding au- thority. For each type of special approval, using the standards as guideline~ the deciding authority can impose conditions bf approval on an appli- cation so that the goals and purposes of zoning are served. Conditions are constraints on de- velopment of the site and operation of the use proposed on the site, imposed specifically for each individual application. Nine past issues of The Zoning Report that relate to this topic include: March 21 and Ap- ril 25, 1986 (two parts): How to write general zoning standards for conditional and special uses; Aug 19, 1988: A new look at appeals pro- cedures in zoning codes; Sept 20, 1991: How to regulate substandard and narrow lots; Jan 8 and 22, 1993 (two parts): Various types of per- mits, certificates and approvals required by zoning codes; Jan 7 and 21, 1994 (two parts): How to set up regulations for hearing examin- ers; and June 17, 1994: How to regulate odd shaped lots. Each of these nine reports is available from us for $3. Site plan review There are two types of site plan review: a mandatory basic review of the plot plan for all initial building permits submitted with the structure to be built and a special review im- posed for specifically listed uses. The mandato- ry basic review requires the plot plan to be approved by the building official for confor- mance to all zoning regulations. The special review requires the. CPC or staff plans coordi- nating' committee to review site plans for uses 1995 by Charles Reed ...... '-- 1404 N. State Road 7, Suite 269;-Margate, Florida 33063 -- ~ailing address: PO Box 6529; Margate, Florida 33063 --