Site Design - Class 5: Legal Restraints continued

easements, Zoning part 1

Restraint 3: Easements (continued)

OVERLAY EASEMENTS are typically set dimensions, not always
given on a map

Restraint 4: Liens

Liens are a minor but (especially in commercial work)
critical form of usage restriction.

Liens are LEGAL WRITS, handed down by courts. They
restrict a particular form of usage – the SALE OF LAND

Restraint 5: Zoning - 2 primary goals

1. protect the quality of public space

2. protect property value

also used to promote and restrict growth

(restraint 5) zoning began as a way to __ __, but it developed into a way to ___ ___

1. Limit FORM

2. Limit USAGE

(restraint 5) Euclidean I (absolute) & II (limited hierarchy) zoning

most zoning still restricts FUNDAMENTAL USAGE by dividing the urban world into:

• residential

• commercial

• industrial

  zones

limits of Euclidean zoning led to FORM and PERFORMANCE-BASED zoning

form - shape

performace-based - what it gives back to the community

(restraint 5) zoning utilizes ___ and ____.

1. zones

2. overlays

(restraint 5) Building code goal

life safety

(restraint 5) all property in a zonign district is…

in some zone!

even if the zone is called “un-zoned” which typically means governmental

(restraint 5) Not all properties have ___ and ___ do not always follow property lines.

overlays

(restraint 5) “As of Right” form of zoning

a proposed development that complies with ALL applicable zoning codes/regulations and does not require any discretionary action by the City Plannign Comission - NYC City Planning Commission.

(restraint 5) Discretionary form of zoning

requires discretionary action by the City Planning commission

still needs permission to build the building

(restraint 5) idea of usage didn’t hapen until…

The Great Depression

(restraint 5) Zonign code is a political document that….

CHANGES

example: Mies Van der Rohe’s Seagrams Building, NYC

(restraint 5) Skyscrapers perform ____ environmentally and sustainably

BETTER

smaller building footprint on land/site

(restraint 5) Zoning codes are either ___ or _____. It is a POLITICAL system

1. elected

2. assigned

(restraint 5) FORM - based code

one may own a piece of property but controls what happens on property up to a certain size!

Regardless of usage

maximum form depends of buildings around

air-rights

(restraint 5) APPEARANCE-based code

As an architect, one can propose usage as long as it protects the well-being of people and the city

(restraint 5) Euclidean zones

1. Vertically absolute: Euclidean I

2. Vertically hierarchical: Euclidean II

(restraint 5) Euclidean zones: vertically absolute

Euclidean I

(restraint 5) Euclidean zones: verticaly hierarchical

Euclidean II

(restraint 5) 2 programs that are always conditional use

1. church

2. school within residential zone

(restraint 5) In almost every zoning code, a zone defines…

permitted uses

(restraint 5) 1. apart from USAGE, Zoning affects form primarily by restricting…

DENSITY and VOLUME

Each zone can primarily restrict:

• min. lot frontage

• % lot coverage

• % imperv. cover

• # of bldgs

• by setback, where tehy go

• how big they can be in sqft

• height as dimension

• floor area ratio

• # parkign spaces****** related to use + size

(restraint 5) 2. Zoning affects overlay zones by restricting…

• otehr USAGE possibilities

• etc

(restraint 5) Overlay Zoning

a form of zoning that overlays the distinct Euclidean usage zones: it applies to ALL zones regardless

(restraint 5) Variances. Exceptions to the zoning code

these are allowed:

• Grandfathered non-conforming uses

• conditional usages not recognized (church, schools)

• Spot zoning (one off change to usage)

asking for a VARIANCE arises due to HARDSHIP imposed by CODE.

a POLITICAL process, asking for a variance is how teh code improves