CHP 10 - Land Use Control and Reg Flashcards
3 Goals of Land Use Control
PReserve prop value
Promote highest and best use
COntrol Growth
3 phases of land use planning
Master Planning
Plan admin
Plan implementation (zoning, codes, permits)
Police Power
authority used at local level to control land
Examples of Public Land Use Control
- subdivision regs
- building codes
- eminent domain
6 common types of zones
1) residential
2) commercial
3) Industrial
4) Ag
5) Public
6) PUD (Planned Unit Development)
What’s residential zoning regulate?
Density, values & aesthetics
What’s commercial zoning regulate?
Intensity of usage
What’s industrial zoning regulate
intensity of usage, type of activitity adn environmental consequences
Legal nonconforming use
In use before zoning
Illegal Nonconforming Use
Conflicts with ordinances already in place
Variance i allowed when
Compliance will cause hardship, use will not change character of area an duse doesn’t conflict with the intent of the ordinance
Special Exception
Grants nonconforming use when it’s beneficial or essential to the public
Restricitons that will reverse title if violated
Deed conditions
If subdivision is in a zoned area which take priority zoning or covenants
Restrictive convenant unless they go against public law or policy
Doctrine of Laches
If a property owner is lax in protecting their rights they may be lost
Policy of concurrency
reqs subdivision developers to make improvements that will minimize negative impact of infrastructure
What do deed restrictiosn do
Place limits on how the property may be used
Planning objectives
Amoutn of GRowth, Growth patterns and accomodating demand
Planning Depts
responsible for long term implementation fo master plan
Planning commission
responsible for approving site/subd plans, building permits and ruling on zoning issues
Extraterritorial jurisdiction
Densely populated counties must approve subdivisions
Concurrency
Required dveloper to make accomodations concurrently no afterward
