1. Scope

The purpose of a Zoning Analysis Assessment standard would be to create an industry consensus on what elements should be conducted to assist end Users in identifying potential liabilities associated with a property’s status as related to its current use and the requirements set forth within the local municipality’s zoning ordinance for said Property.

In particular, the Zoning Analysis Assessment is designed to provide the following information on the Property:
• Identify the jurisdiction in which the subject property is zoned.
• Identify the Specific Zoning Classification as established on the current zoning map.
• Determine whether the current onsite uses are permitted within the current zoning classification of the subject property.
• Identify the applicable development standard for the zoning classification of the subject property such as: lot size, bulk density (include but are not limited to; building coverage, building size, floor area ratio (FAR), allowable number of dwelling units per acre and the allowable floor area devoted to some specific uses), building height, setback regulations, and off-street parking requirements.
• Identify whether or not any variances, special/conditional use permits, ordinances, or site plan approvals are on file with the governing planning department for the subject property, as requested via the FOIA process.
• Determine the rebuild-ability threshold for non-conforming properties that experience damage or destruction in the event of a catastrophic loss.
• Determine whether or not there are known or outstanding building code, fire code and/or zoning violations on file with the governing municipal entities.
• Identify the Subject’s use and improvements’ conformance with the current zoning classification as Legally Conforming, Legally Non-Conforming or Non-Conforming.
• Review and incorporate an ALTA Survey (provided by the end user/client) for property-specific values and measurements such as building heights, setbacks, parking counts and stated building encroachments over property lines.
• Make all reasonable attempts to obtain a Zoning Verification Letter from the local municipality confirming the subject property’s zoning classification.

Keywords

zoning; setback; Zoning Analysis; Legally Conforming; Legally Non-Conforming; Non-Conforming; Zoning Verification Letter; Code Violations; Variances; Right to Rebuild; Site Plan Approvals; Zoning Classification

Rationale

The purpose of a Zoning Analysis Assessment standard would be to create an industry consensus on what elements should be conducted to assist end Users in identifying potential liabilities associated with a property’s status as related to its current use and the requirements set forth within the local municipality’s zoning ordinance for said Property.

The title and scope are in draft form and are under development within this ASTM Committee.