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Zoning If a parcel has two zoning districts,

PlannerV

Member
Messages
1
Points
0
West portion of the parcel is zoned commercial. East portion is zoned office district. Developer wants to build (1 building) across zones. He is proposing to use the west portion for a use that is allowed in commercial zone and east portion for a use allowed in office district. Would you let him do that?

When it come to intensity of uses - Do you think commercial district is more intense than office district?

Thanks for your advice on this.
 

stroskey

Cyburbian
Messages
1,212
Points
17
Ideally you shouldn't have two different districts on one parcel. Where is the legal zoning boundary? You can A) rezone the parcel to match, B) allow the same uses in both districts so it won't matter, or C) let him build it as is and change the zoning at the next regular code update time.
 

btrage

Cyburbian
Messages
6,427
Points
27
I would require a rezoning first, before you go through the site plan review process. The applicant may not like this, but just tell them that your planning body may not approve the site because of the zoning issue, regardless of where the uses are occurring.
 

Whose Yur Planner

Cyburbian
Messages
11,852
Points
43
I would require a rezoning first, before you go through the site plan review process. The applicant may not like this, but just tell them that your planning body may not approve the site because of the zoning issue, regardless of where the uses are occurring.

I'd require this as well. if at all possible, zoning district should follow property lines. Split zoned properties are a headache.
 

Gedunker

Moderating
Staff member
Moderator
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11,780
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46
I agree that it is not ideal to have split zoning on a parcel. Our code anticipated it and rules that, whichever is the larger governs if the split is perpendicular to the r-o-w. If parallel, that closest the r-o-w governs.
 

ColoGI

Cyburbian
Messages
2,565
Points
18
I'd require this as well. if at all possible, zoning district should follow property lines. Split zoned properties are a headache.

Mee three. And a procedure should be in place for the future that zoning/form-based code/overlays follows property lines.
 

hipp5

Cyburbian
Messages
116
Points
6
Absent of any specific guidance in the code, I'd allow their proposal. Unless your code says "zones must follow property lines" then I don't think you have any solid grounds to deny them their request on the basis that you want to rezone the property. Of course, you can always ask them if they don't mind you doing so.

And yes, split zoned properties can be a headache but I think there are some very legitimate reasons for having them. For example, where I work we have many large, deep lots. There are a bunch of uses that we're comfortable allowing at the front of the lots on major roads, but we wouldn't want to allow them 300m back from that major road.

I'd also be very careful if you do decide to write a "zones follow baundaries" clause. What happens after a subdivision or consolidation once the zones are in place? If I am a wily developer can I buy up the residential lots next to my commercial lot, consolidate the two, and claim that those former residential lots must now be interpreted as commercial land?
 

Otis

Cyburbian
Messages
5,168
Points
31
We have an unhelpful provision that syas this: "If a zone boundary as shown on the map divides a lot between two zones, the entire lot shall be deemed to be in the zone in which the greater area of the lot lies; provided, that this adjustment involves a distance not to exceed 20 feet from the mapped zone boundary." 20 feet. Big deal. A lot of my response would depend on the details. What does your code say about the allowed uses in the two zones, what are the specifics of what the developer wants to do, how can the uses be controlled? Assuming there is no good, ordinance-based reason to say no, I'd say OK. But it's all in the details.
 

rcgplanner

Cyburbian
Messages
1,730
Points
19
My fair city has a lot of split zoned parcels as the Commission and Council like to draw rather arbitrary lines for zoning districts, i.e. first 300 feet on either side of a highway is zoned Light Industrial, even though for some parcels less than 10 or 15 feet of the parcel are actually zoned for LI. The other issue we have is many of our parcels, especially in newly developed areas still are very large parcels. Thanks to Texas law if the property is over 5 acres and doesn't require the extension of any public utilities, they aren't required to plat, which can cause these large parcels to remain un-subdivided for years until the developer/owner sells other land to another buyer.

Our department is trying to do away with most of these split parcels as we rezone our city for our new ULDC. We have had development applications on these split zoned parcels and we ask the developer to rezone to one district, although it is not required. The only problem is that our ordinance has compatibility standards that require additional setbacks or screening between certain districts, so the compatibility stands tend to make an applicant rezone the parcel.
 

Emcv83

Member
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1
Points
0
This is an old thread but I am facing a similar situation. I have an application for a lot line adjustment. If granted the new parcel would have two zonings (Ag and Residential). I believe they need to rezone to one zone (residential). Our code does not have a provision for split zoning but has this for uncertain zoning. “the boundaries of a Zoning District shall be the parcel lines of real property, unless otherwise shown. Where a district’s boundaries approximately follow plot lines, those lines shall be interpreted as the district boundaries.”
 

arcplans

As Featured in "High Times"
Messages
6,727
Points
35
This is an old thread but I am facing a similar situation. I have an application for a lot line adjustment. If granted the new parcel would have two zonings (Ag and Residential). I believe they need to rezone to one zone (residential). Our code does not have a provision for split zoning but has this for uncertain zoning. “the boundaries of a Zoning District shall be the parcel lines of real property, unless otherwise shown. Where a district’s boundaries approximately follow plot lines, those lines shall be interpreted as the district boundaries.”
Where are you located at? An LLA (typical California term), per the subdivision map act requires the adjust parcels be consistent with the underlying zoning district. Suggest as stated above by the veterans of this site, a re-zone would be required.
 

brickhugger42

Member
Messages
1
Points
0
We have a different split zone situation; a developer wants to buy an apartment complex zoned R-4 multi-family, save for the western third of the property, which is zoned R1-D single family. the problem is that the density allowance for R-4, because of the split zoning, means that if they had to rebuild after a fire, they would be short 4 units from the current 414 units. this doesn't sound like a lot, and it isn't, but given the amount of investment they plan to put in it can make the difference between breaking even and profitability; their investors think so, because without the 4 units they can't get financing and will walk away from the deal (this would be the second time a buyer has walked away from this property for zoning). FTR, our code has no provision for split zoning.

our proposal is for them to apply for a variance for the four units in the short term. long term, they can come in and ask for a rezoning to PD Planned District, or better yet, participate in our update to the zoning, subdivision, and sign code, which will get started in roughly 30 days.
 

Gedunker

Moderating
Staff member
Moderator
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11,780
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46
Our ZO recognizes catastrophic losses and permits a rebuild, "as is, where is", without further zoning authorization.

I'm not sure what the compelling public interest is in requiring compliance post-disaster, if you weren't going to compel it before - kind of "no harm, no foul" in my mind.
 
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