HIGHWAY BEAUTIFICATION ACT 23 USC 131 (D) Signs may be erected in areas which are zoned industrial or commercial under authority of State Law States shall have full authority to zone for commercial or industrial purposes and the actions of the States will be accepted for purposes of this Act.
SO, WHAT IS ZONING?
Perhaps more importantly, what does 23 CFR 750.708 mean by zoning?
"Zoning" means the power of local governments to provide...for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
MODEL STATE ZONING ENABLING ACT Defines Zoning: The establishment by local governments of districts that are restricted to various types of manufacturing, commercial, or residential use. 1923 Herbert Hoover Secretary of Commerce
FOUR TYPES OF ZONING
EUCLIDEAN ZONING Most common and most traditional approach to zoning Regulates development through land use classifications and dimensional standards. Typical classifications are : Single or multi-family residential Commercial Industrial Institutional Recreational
EUCLIDEAN ZONING - continued Traditional goals: Providing for orderly growth Preventing overcrowding of land and people Alleviating congestion Separating incompatible uses
FORM-BASED CODE Emphasis on regulating form and scale of buildings and their placement within public spaces. Urban planning goals include curbing urban sprawl, promoting pedestrian safety, and preserving the fabric of historic neighborhoods. Plan designates appropriate form, scale and character of development rather than distinctions in land-use types.
INCENTIVE ZONING Offers a reward (usually increased density) to developers who do something "extra in the community's interest ( i.e. provides more open space) or promotes a public goal (i.e. more affordable housing or transit access) The terms "density bonuses" or "community benefits are often used Allows local jurisdictions a high degree of flexibility
PERFORMANCE ZONING Regulates the effect or impact of land uses through performance standards usually concerning traffic flow, density, noise and access to light and air. Developers can build almost any building that meets the performance standards for that district.
EXAMPLES
CITY OF ATLANTA
CODE OF ORDINANCES CITY OF ATLANTA, GEORGIA Mixed Use Districts R-LC RESIDENTIAL-LIMITED COMMERCIAL DISTRICT REGULATIONS C-1 COMMUNITY BUSINESS DISTRICT REGULATIONS C-3 COMMERCIAL RESIDENTIAL DISTRICT REGULATIONS C-4 CENTRAL AREA COMMERCIAL RESIDENTIAL DISTRICT REGULATIONS PD PLANNED DEVELOPMENT DISTRICTS PD-MU PLANNED DEVELOPMENT--MIXED USE DISTRICT REGULATIONS
OVERLAYS, SPECIAL PUBLIC INTEREST AND LANDMARK DISTRICTS SPI SPECIAL PUBLIC INTEREST DISTRICTS, GENERAL PROVISIONS SPI-1 DOWNTOWN SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS* SPI-3 MIDTOWN DISTRICT REGULATIONS SPI-4 ARTS CENTER DISTRICT REGULATIONS SPI-5 INMAN PARK SPECIAL INTEREST DISTRICT SPI-6 PONCEY-HIGHLAND DISTRICT SPI-7 CANDLER PARK DISTRICT SPI-8 HOME PARK DISTRICT REGULATIONS SPI-9 BUCKHEAD VILLAGE OVERLAY DISTRICT REGULATIONS SPI-10 UPPER MIDTOWN NEIGHBORHOOD DISTRICT REGULATIONS SPI-11 VINE CITY & ASHBY STATION SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS* SPI-12 BUCKHEAD/LENOX STATIONS SPECIAL PUBLIC INTEREST DISTRICT SPI-14 BERKELEY PARK DISTRICT REGULATIONS SPI 15 LINDBERGH TRANSIT STATION AREA SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-16 MIDTOWN SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-17 PIEDMONT AVENUE SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-18 MECHANICSVILLE NEIGHBORHOOD SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS* SPI-19 BUCKHEAD PEACHTREE CORRIDOR SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-20 GREENBRIAR SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-21 HISTORIC WEST END/ADAIR PARK SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS SPI-22 MEMORIAL DRIVE/OAKLAND CEMETERY SPECIAL PUBLIC INTEREST DISTRICT REGULATIONS PD-H PLANNED DEVELOPMENT--HOUSING DISTRICT REGULATIONS PD-MU PLANNED DEVELOPMENT--MIXED USE DISTRICT REGULATIONS PD-OC PLANNED DEVELOPMENT--OFFICE- COMMERCIAL DISTRICT REGULATIONS PD-BP PLANNED DEVELOPMENT-- BUSINESS PARK DISTRICT REGULATIONS HC HISTORIC AND CULTURAL CONSERVATION DISTRICTS* CABBAGETOWN LANDMARK DISTRICT* DRUID HILLS LANDMARK DISTRICT* MARTIN LUTHER KING, JR. LANDMARK DISTRICT* WASHINGTON PARK LANDMARK DISTRICT* OAKLAND CEMETERY LANDMARK DISTRICT* BALTIMORE BLOCK LANDMARK DISTRICT* WEST END HISTORIC DISTRICT* HOTEL ROW LANDMARK DISTRICT* ADAIR PARK HISTORIC DISTRICT* WHITTIER MILL HISTORIC DISTRICT* GRANT PARK HISTORIC DISTRICT REGULATIONS Inman Park Historic District Regulations OAKLAND CITY HISTORIC DISTRICT REGULATIONS CASTLEBERRY HILL LANDMARK DISTRICT REGULATIONS ATKINS PARK HISTORIC DISTRICT REGULATIONS
PUTNAM COUNTY
Sec. 66-98. Purpose. CODE OF ORDINANCES PUTNAM COUNTY, GEORGIA Village District The purpose of this district is to encourage developers to create a "village" atmosphere of various types of residential solutions intermixed with small scale commercial.
THOMAS COUNTY
CODE OF ORDINANCES THOMAS COUNTY, GEORGIA 3.277 CL Commercial, Limited. The purpose of this district is to provide and protect an environment suitable for selected office and retail commercial uses and residential transitional surroundings.
BILLINGS MONTANA
CODE, CITY OF BILLINGS, MONTANA RP Residential Professional: A zone intended to accommodate limited commercial and professional offices as would be compatible with adjoining residential districts and consistent with the objectives of the comprehensive plan.
CODE, CITY OF BILLINGS, MONTANA, continued Article 27-1400. Shiloh Corridor Overlay District. The purpose of the Shiloh Corridor Overlay District is to provide standards for industrial, commercial, and mixeduse development as called for in the West Billings Plan. This overlay zoning district is intended to promote an aesthetically pleasing and distinct entryway corridor by encouraging abundant landscaping, attractive building design, and preservation of scenic vistas.
DOOLY COUNTY
DOOLY COUNTY, GEORGIA Zoning, Sec. 1. Title and Objectives "Zoning Ordinance of Dooly County, Georgia," for the purpose of setting forth standards and permissible uses of land designed to conserve and protect the natural, economic and scenic resources of Dooly County; to secure safety from fire, panic and other dangers; to promote health, aesthetics, morals, convenience, order, prosperity and general welfare;
DOOLY COUNTY, GEORGIA, continued to provide adequate light and air; to prevent the overcrowding of land; to promote desirable living conditions and stability in neighborhoods; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements by dividing Dooly County into districts of such size and shapes as may be best suited to carry out the purposes of the legislative act and of this resolution.
DOOLY COUNTY, GEORGIA, continued ARTICLE X. GENERAL COMMERCIAL C-2 Sec. 1. Statement of Purpose. The General Commercial zone is established to provide for and encourage development of a wide variety of sales and services in response to the broader commercial needs of the County.
LOCATION PHOTO OF APPLICATION FOR OUTDOOR ADVERTISING PERMIT DOOLY COUNTY, 1-75 MP 103 ZONED C-2 SINCE 1989
LUMPKIN COUNTY
LUMPKIN COUNTY, GA - LAND USE PLAN alternative to traditional zoning to guide future growth toward preferred locations does not prohibit any specific use within any character area, village or corridor No present land use map or zoning map Enacted in accordance with the Georgia Zoning Procedures Law
What does this all mean?
WHAT NOW?
CFR assumes 1950 s era Euclidean zoning ordinances with single use districts as the regulatory mechanism Current zoning practices are increasingly form, incentive, and performance based Routinely utilize mixed uses and overlay designations to regulate area character and guide development patterns
Lines between Residential and Commercial districts have blurred, even in rural areas Restricting signs to Commercial and Industrial areas is not so clear anymore