Land Use - Tools, techniques & standards

Question 1

APFO, Adequate Public Facilities Ordinance

Answer 1

(concurrency Regulations)

• To synchronize development with availability of public facilities needed to support that development.
• Est stds for public facilities such as roads, transit, ped facs, schools, water, fire and police.

Question 2

Cluster zoning

Answer 2

Allows higher density in one area of a parcel to protect open space elsewhere on parcel; does not increase overall number of residential units permitted.

Question 3

Cumulative Zoning

Answer 3

Older approach to regulating land use
Hierarchical approach in which less intensive uses such as residences are allowed in areas of more intensive use, such as commercial districts

Question 4

Non-Cumulative Zoning

Answer 4

Allows only the stated use and not more restrictive (less intensive) uses

Question 5

Down zoning

Answer 5

rezoning that decreases intensity (raising min. lot size) Ex an area that is built up with large apartment buildings is cleared, and the area is rebuilt with single-family homes or smaller multi-family units. Another ex rebuilding of a large area of shopping malls to single-building shops and restaurants, or a large industrial area rebuilt as retail shops.

Question 6

Upzoning

Answer 6

allows higher density development

Question 7

Euclidean zoning

Answer 7

(See Euclid v Amber Realty)- Alfred Bettman
Typical approach to regulating land use; specifies exactly what uses will be allowed in each district and level of intensity.
-Does not allow for mix of uses (Ex, residences not allowed in a commercial district).
-Often blamed for sprawling pattern of development.

Question 8

Zoning

Answer 8

Exercise of police power = govt’s right to impose and regulate land use activity to protect public health, safety and welfare

Question 9

Zoning ordinance

Answer 9

Legal device used to divide community into separate districts and regulate land use activity, intensity.
Most include definitions, provisions, delineation of zoning districts and admin/enforcement guidelines

Question 10

Older zoning ordinances typically

Answer 10

Adopted max density stds, which in some cases encouraged sprawl; min density stds are increasingly adopted to promote compact development.

Question 11

Transect Zoning

Answer 11

Development as continuum of 6 zones from rural to urban.

Question 12

ETJ, Extraterritorial Jurisdiction

Answer 12

Authority granted by some states to municipalities to impose zoning and subdivision regulations beyond boundaries. Purpose is to ensure development beyond the boundaries is compatible with development permitted by municipality.

Question 13

Exactions

Answer 13

Costs levied on developers as a condition for receiving permission to develop in a community. Ex, developer may be required to contribute land, facilities, or funding.

Question 14

Floating zone

Answer 14

Unlike conventional zoning districts the floating zone is not designated on the zoning map.
-Once enacted into law it “floats” over the community until, upon approval of an application, it is “brought down to earth” to be affixed to a particular parcel through an amendment to the zoning map.

Question 15

Impact fees -

Answer 15

Type of exaction that is directly related to impact of new development. Typ used to fund capital facilities. Typ collected from developers when bldg permits issued.

Question 16

Moratorium

Answer 16

Temporary halt or severe restrictions on specified development activities. Ex, community may adopt moratorium on new development pending adoption of new comprehensive plan or water/sewer utilities.

Question 17

Performance zoning

Answer 17

Focuses on intensity of development. Does not deal with land use but rather development impacts.

Question 18

Police power

Answer 18

(govt’s right to impose and regulate land use activity to protect public health, safety and welfare)

Question 19

Quota systems

Answer 19

• To slow growth and allow time to prepare for impacts of new growth, communities may choose to limit # or types of building permits that can be issued within a year
• Examples of quota systems include subdivision phasing and permit caps
• Rapid growth areas

Question 20

TDR, Transfer of Development Rights

Answer 20

Developers in urban receiving areas purchase from a prop owner the rights to develop land in rural area (sending area) and use these rights to increase density of development in an urban area
Must be permitted by zoning ordinance
Must take into account economic factors to ensure there will be a market for more intense development in receiving area

Question 21

PDR, Purchase of Development Rights

Answer 21

Agency buys a private landowner’s right to develop property

Allows certain natural features of the land to be preserved, although landowner can still use it farming/open space

Question 22

Floating zone

Answer 22

Unlike conventional zoning districts the floating zone is not designated on the zoning map.
Once enacted into law it “floats” over the community until, upon approval of an application, it is “brought down to earth” to be affixed to a particular parcel through an amendment to the zoning map.

Question 23

Overlay zone

Answer 23

Special zone on top of existing zoning in order to apply additional requirements
Ex, may be put in place to ensure compatibility of new development with existing structures in historic districts or to protect habitat areas.

Question 24

PUD, Planned Unit Development

Answer 24

Often large scale, mixed use
Allow flexibility in bldg siting, development stds
Used to improve site design, provide amenities such as open space by allowing for cluster zoning or inc density

Question 25

Exactions

Answer 25

Costs levied on developers as a condition for receiving permission to develop in a community. Ex, developer may be required to contribute land, facilities, or funding.

Question 26

Impact fees

Answer 26

Type of exaction that is directly related to impact of new development. Typ used to fund capital facilities. Typ collected from developers when bldg permits issued.

Question 27

Land Classification Map

Answer 27

Divides planning jurisdiction into different classes of land, more general
Residential, commercial, industrial, agricultural, forested, water, wetland

Question 28

Land Use map

Answer 28

Comp plan may contain two land use maps: Current land use map and future land use map (shows desired changes)
Future land use map is basis of zoning map

Question 29

Subdivision regulations

Answer 29

Exercise of police power. Used to divide land into 2 or more parcels and regulate location and design of supporting infrastructure. Stds for design and layout of lots, streets, utilities, roads.

Question 30

Leapfrog development

Answer 30

Sprawl, newer development not contiguous with existing.

Question 31

Brownfield

Answer 31

real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

Question 32

Greenfield development

Answer 32

Development on open land. Cost = provision of urban facilities to service the site.

Question 33

Grayfield development

Answer 33

Development on vacant urban or suburban site formerly developed as, for example, a strip mall that is now obsolete.

Question 34

Infill development

Answer 34

Development of parcels of land in otherwise built up areas. Ideally, one benefit is that infrastructure already exists (but may not be sufficient)

Question 35

UGB, Urban Growth Boundary

Answer 35

Line drawn to separate rural areas from urban areas

• Used to contain urban growth within certain areas, maintain rural lands outside boundary
• Public infrastructure not extended beyond UGB
• In OR, within boundary = enough land to support development over 20 years

Question 36

FAR, Floor Area Ratio

Answer 36

Ratio of permitted floor area of bldg in relation to size of lot
12k sf bldg on a 1,200 sf lot = FAR 10
3k sf bldg on a 6k lot = FAR ?

Question 37

Form Based Zoning

Answer 37

Supports mixed-use neighborhoods with range of housing types

Regulates size, form, appearance and placement of building and parking rather than use of land and density.

Question 38

Locally Undesirable Land Use (LULUs)

Answer 38

Land use that is necessary but considered objectionable, such as hazardous waste facility, incinerator, or landfill
Environmental justice issue = located near poor/minority .

Question 39

Easements

Answer 39

Used to secure a portion of rights associated with a parcel
Ex, conservation easements may mean ownership remains with a private owner but the owner no longer has right to develop parcel.

Question 40

Right of way

Answer 40

Right granted by a property owner to another person or agency to build, maintain, and use a road, pathway, or utility line across the owner’s property.